AB 1830
Ignition interlock devices.
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Fiscal committee
No
Appropriation
No
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Bill overview
This bill changes how California handles driving under the influence (DUI) offenses. It reorganizes penalties for alcohol-related and drug-related violations, requiring a longer suspension for alcohol-related offenses and potentially indefinite suspension until an ignition interlock device is installed and maintained. It also introduces a new restriction for drivers convicted of alcohol-related offenses, allowing them to apply for a restricted license after completing a DUI program and installing an IID, but not requiring them to maintain it for a specific period.
Key provisions
- Requires indefinite suspension of driving privileges for alcohol-related DUI convictions until an ignition interlock device is installed and maintained.
- Establishes a period of suspension for drug-related DUI convictions, potentially shorter than for alcohol-related offenses.
- Allows applicants for a restricted license after alcohol-related DUI convictions to install an IID and provide proof of financial responsibility.
- Mandates the Department of Motor Vehicles (DMV) to monitor IID installation and maintenance.
- Requires a court to order installation of an IID for first-time alcohol-related DUI offenders.
- Includes a provision for suspending driving privileges for drivers whose passengers are hired vehicles and who have a blood alcohol content of 0.04% or more.
- Modifies the requirements for restricted licenses, including the duration of the restriction and the need for financial responsibility.
- Requires the department to include additional information about individuals required to have an IID in its annual report to the legislature.
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AB1830:v98#DOCUMENT
Bill Start
| Amended IN Senate June 15, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1830
| Introduced by Assembly Members Petrie-Norris, Lackey, and Ransom (Principal coauthor: Senator Archuleta) (Coauthors: Assembly Members Alanis, Bauer-Kahan, Flora, Gallagher, Mark González, Harabedian, Irwin, Krell, Macedo, Nguyen, Pacheco, Quirk-Silva, Rogers, Blanca Rubio, Schiavo, Schultz, Soria, Stefani, Valencia, Wallis, Ward, and Wilson) (Coauthors: Senators Menjivar, Pérez, and Umberg) |
| February 11, 2026 |
An act to amend Sections 13353.6, 13353.75, 13390, and 23575.3 of, to amend and repeal Sections 13352, 13352.1, 13352.4, 13353.3, 13353.4, 13353.5, 13386, 23103.5, 23247, 23573, 23575, 23576, and 23597 of, to add Section 23575.4 to, and to repeal Sections 23575.1 and 23575.5 of, amend, repeal, and add Sections 11836 and 11837 of the Health and Safety Code, and to amend Sections 23575.3, and 23575.5 of, to amend and repeal Sections 13202.5, 13202.8, 13352, 13352.1, 13352.4, 13353.3, 13353.4, 13353.5, 13353.7, 13353.75, 13386, 23247, 23573, 23575, 23575.1, 23576, and 23597 of, to amend, repeal, and add Sections 12813, 13350, 13352.2, 13352.3, 13352.5, 13353.2, 13353.45, 13353.6, 13557, 13954, 14602.6, 15300, 15302, 16431, 23109, 23109.5, 23502, 23521, 23536, 23538, 23540, 23542, 23546, 23548, 23550, 23550.5, 23552, 23554, 23556, 23560, 23562, 23566, 23568, and 23620 of, to add Sections 13354, 13354.4, and 13356 to, and to repeal Section 13352.1 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1830, as amended, Petrie-Norris. Ignition interlock devices.
(1) Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage, has 0.08 or 0.04 percent or more, by weight, of alcohol in their blood, as specified, is addicted to the use of any drug, is under the influence of any drug, or is under the combined influence of any alcoholic beverage and drug to drive a vehicle. Existing law prohibits a person from driving a vehicle under the influence of any alcoholic beverage or drug and concurrently do an act forbidden by law, or neglect a duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.Existing law, until January 1, 2033, requires the Department of Motor Vehicles to immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of driving a vehicle under the circumstances above as well as for engaging in a motor vehicle speed contest for specified periods of time, depending on the statute under which the driving violation was punished, and prohibits the reinstatement of the driving privilege until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of a driving-under-the-influence (DUI) program, as specified. Existing law requires the department to advise the person that they may apply for a restricted driver’s license if the person meets certain requirements, including, among others, satisfactorily providing proof of enrollment in a certain DUI program and the installment of a functioning, certified ignition interlock device (IID).Existing law allows, for certain violations, a person who has had their driver’s license suspended to apply to the department for a restricted license, subject to certain requirements. For specified violations, existing law requires the department to issue a restricted driver’s license if the person has met certain requirements, including proof satisfactory to the department of enrollment in, or completion of, a DUI program, proof of financial responsibility, and the payment of all applicable reinstatement or reissue fees, among other fees, required by the department.This bill, beginning on January 1, 2031, would reorganize and recast the penalties and sanctions for the alcohol- and drug-related driving offenses described above. The bill would recast violations for driving under the influence of any alcoholic beverage or having 0.08 or 0.04 percent or more, by weight of alcohol in blood (collectively ”alcohol-related driving violations”) from violations for driving under the influence of any drug or driving while a person is addicted to the use of any drug (collectively “drug-related driving violations”). For convictions of alcohol-related driving violations, the bill would require the department to suspend the privilege to operate a motor vehicle and would allow the suspension to be indefinite. The bill would prohibit the reinstatement of that privilege until the person satisfies certain requirements, including, among others, the person applying for and maintaining a restricted driver’s license for certain periods of time depending on the statute under which the driving violation is punished, which includes installing a certified IID on each vehicle operated by the person, providing proof satisfactory to the department of successful completion of a DUI program, as specified, paying all applicable reinstatement and reissue fees required by the department, and providing proof of financial responsibility.For convictions of drug-related driving violations described above, this bill would require the department to suspend the privilege to operate a motor vehicle for specified periods of time, depending on the statute under which the violation was punished. The bill would also prohibit the reinstatement of the privilege until the person satisfies certain requirements described above, but the bill would not require the person to install a certified IID or apply for and maintain a restricted driver’s license for a specified period of time.This bill, beginning on January 1, 2031, would authorize a person, whose privilege to operate a motor vehicle is suspended for alcohol-related driving violations, to apply for a restricted license if certain requirements are met, including, among others, installing a certified IID on each vehicle operated by the person, as specified, providing proof of financial responsibility for 3 years, providing satisfactorily proof of enrollment in, or completion of, a DUI program, as specified, and paying a fee that is sufficient to cover the costs of administration of these requirements. The bill would require the department to terminate the restricted driver’s license and suspend the privilege to drive if the person fails to comply with the DUI program requirements. The bill would also authorize a person, whose driving privilege was suspended for a conviction of a drug-related driving violation, to apply for a restricted driver’s license if similar certain requirements are met, except the person would not be required to install a certified IID but would be required to complete a minimum number of months of a suspension period, as specified.This bill, beginning on January 1, 2031, would require the department to monitor the installation and maintenance of an IID that is installed pursuant to specified provisions. The bill would require the installer of the IID to notify the department if the device is removed or indicates that a person has attempted to remove, bypass, or tamper with the device, or the person fails 3 or more times to comply with these requirements. The bill would require the department to immediately suspend or revoke the privilege to operate a motor vehicle and any restricted driver’s license if the person attempts to remove, bypass, or tamper with an IID, has the IID removed prior to the termination date of the restriction, or fails 3 or more times to comply with any requirement for the maintenance or calibration of the IID.(2) Existing law requires an order of suspension of a person’s privilege to operate a motor vehicle for any of specified reasons, including the person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in their blood. Existing law requires the notice to be served on the person by a peace officer under specified conditions where test results show that the person has specified percentages of alcohol in the person’s blood or where a person under 21 years of age refuses to take, or fails to complete, a specified test for alcohol in the blood.This bill, beginning on January 1, 2031, would include a person driving a motor vehicle when a passenger for hire was a passenger in the vehicle and the person had 0.04 percent or more, by weight, of alcohol in their blood as a reason to immediately suspend the privilege to operate a motor vehicle. The bill would authorize a person, whose driving privilege has been suspended pursuant to the provision above but not suspended or revoked based on the person’s refusal to submit to, or failure to complete, a chemical test or tests, to apply for a restricted driver’s license if certain requirements are met, including completing 30 days of the suspension period, providing proof of enrollment in a DUI program, installing a functioning, certified IID on any vehicle that they operate, being 21 years of age or older at the time of the offense, giving proof of financial responsibility, and paying all reissue and restriction fees. The bill would require the department to terminate the restricted driver’s license and suspend the privilege to operate if the person has failed to comply with the DUI program requirements, or if the person attempts to remove, bypass, or tamper with the IID, removes the IID prior to the termination date of the restriction, or fails 3 or more times to comply with any requirement for the maintenance or calibration of the IID.(3) Existing law requires the department to suspend or revoke a person’s privilege to operate a motor vehicle based on a peace officer’s sworn statement or report, as specified. Existing law requires the department to review the record to determine whether the suspension or revocation is supported by the record, as specified.This bill, beginning on January 1, 2031, would require the department to review these determinations and consider the sworn report and any other information and evidence, as specified. If, by a preponderance of the evidence, the department determines in the review of a determination certain facts are proven, including, among other facts, that the peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of an alcohol- or drug-related driving provision, the bill would require the department to sustain the order of suspension or revocation. If the department determines that any of these certain facts are not proven by a preponderance of the evidence, the bill would require the department to rescind the order of suspension or revocation, as specified.(4) Existing law allows, for certain violations, a person who has had their driver’s license suspended to apply to the department for a restricted license, subject to certain requirements as provided above.This bill, beginning on January 1, 2031, would authorize a court to disallow the issuance of the restricted driver’s license if the court determines that the person would present a traffic safety or public safety risk if the person were authorized to operate a motor vehicle during the period of suspension.This bill, beginning on January 1, 2031, would make conforming changes to include the provisions above, as applicable, in statutes that generally pertain to the suspension, revocation, or restriction of the privilege to operate a motor vehicle.
Existing law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID), including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver’s license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers and their certified agents to adopt a specified fee schedule that provides for the payment for the costs of an ignition interlock device in amounts commensurate with that person’s income relative to the federal poverty level. Existing law makes these changes operative until January 1, 2033. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs.
This bill would extend the operation of these provisions indefinitely and would repeal a related reporting requirement. The bill would also instead require the court, upon the person’s first criminal conviction for driving under the influence, to order installation of the IID. The bill would include, as part of the costs of the IID, the administration of the program, installation of the device, service, maintenance, and recalibration of the device, and any other costs associated with the device. The bill would adjust the person’s income relative to the federal poverty level in the fee schedule and specify that the IID provider is responsible for absorbing the remaining costs not paid by the person. By extending the application of a crime, the bill would impose a state-mandated local program.
Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of violations relating to alcohol and drugs, and to report thereon annually to the Legislature.
This bill would require the department to include in its annual report to the Legislature additional information pertaining to the individuals described above who were required to have a functioning, certified ignition interlock device installed, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11836 of the Health and Safety Code is amended to read:
11836.
(a) The department shall have the sole authority to issue, deny, suspend, or revoke the license of a driving-under-the-influence program. As used in this chapter, “program” means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following:
(1) A person whose license to drive has been administratively suspended or revoked for, or who is convicted of, a violation of Section 23152 or 23153 of the Vehicle Code, and admitted to a program pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code, or of Section 655.4 of that code, and admitted to the program pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of a violation of Section 23103 of the Vehicle Code, under the conditions set forth in subdivision (c) of Section 23103.5 of the Vehicle Code, and who has been admitted to the program under subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed due to a violation of Section 23140, and who has been admitted to a program under Article 2 (commencing with Section 23502) of Chapter 1 of Division 11.5 of the Vehicle Code.
(b) If a firm, partnership, corporation, association, local government entity, agency, or place has, or is applying for, more than one license, the department shall treat each licensed program, or each program seeking licensure, as belonging to a separate firm, partnership, corporation, association, local government entity, agency, or place for the purposes of this chapter.
(c) For purposes of providing recommendations to the department pursuant to subdivision (a), a county board of supervisors may limit its recommendations to those programs that provide services for persons convicted of a first driving-under-the-influence offense, or services to those persons convicted of a second or subsequent driving-under-the-influence offense, or both services. If a county board of supervisors fails to provide recommendations, the department shall determine the program or programs to be licensed in that county.
(d) After determining a need, a county board of supervisors may also place one or more limitations on the services to be provided by a driving-under-the-influence program or the area the program may operate within the county, when it initially recommends a program to the department pursuant to subdivision (a).
(1) For purposes of this subdivision, a board of supervisors may restrict a program for those convicted of a first driving-under-the-influence offense to providing only a three-month program, or may restrict a program to those convicted of a second or subsequent driving-under-the-influence offense to providing only an 18-month program, as a condition of its recommendation.
(2) A board of supervisors may not place restrictions on a program that would violate a statute or regulation.
(3) When recommending a program, if a board of supervisors fails to place any limitation on a program pursuant to this subdivision, the department may license that program to provide any driving-under-the-influence program services that are allowed by law within that county.
(4) This subdivision is intended to apply only to the initial recommendation to the department for licensure of a program by the county. It is not intended to affect a license that has been previously issued by the department or the renewal of a license for a driving-under-the-influence program. In counties where a contract or other written agreement is currently in effect between the county and a licensed driving-under-the-influence program operating in that county, this subdivision is not intended to alter the terms of that relationship or the renewal of that relationship.
(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Section 11835, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section for the purpose of alcohol or drug recovery services provided in virtual settings by means of all-county letters, plan letters, information notices, or similar instructions, until regulations are promulgated or amended in accordance with paragraph (2).
(2) On or before January 1, 2026, the department shall promulgate regulations, in accordance with Section 11835, governing the provision of alcohol or drug recovery services pursuant to this section in virtual settings.
(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 2.
Section 11836 is added to the Health and Safety Code, to read:
11836. (a) The department shall have the sole authority to issue, deny, suspend, or revoke the license of a driving-under-the-influence program. As used in this chapter, “program” means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following:(1) A person whose license to drive has been administratively suspended or revoked for, or who is convicted of, a violation of Section 23152 or 23153 of the Vehicle Code, and admitted to a program pursuant to Section 13352, 13352.1, 13354, 23538, 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code.(2) A person who is convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code, or of Section 655.4 of that code, and admitted to the program pursuant to Section 668 of that code.(3) A person who has pled guilty or nolo contendere to a charge of a violation of Section 23103 of the Vehicle Code, under the conditions set forth in subdivision (c) of Section 23103.5 of the Vehicle Code, and who has been admitted to the program under subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.(4) A person whose license has been suspended, revoked, or delayed due to a violation of Section 23140, and who has been admitted to a program under Article 2 (commencing with Section 23502) of Chapter 1 of Division 11.5 of the Vehicle Code.(b) If a firm, partnership, corporation, association, local government entity, agency, or place has, or is applying for, more than one license, the department shall treat each licensed program, or each program seeking licensure, as belonging to a separate firm, partnership, corporation, association, local government entity, agency, or place for the purposes of this chapter.(c) For purposes of providing recommendations to the department pursuant to subdivision (a), a county board of supervisors may limit its recommendations to those programs that provide services for persons convicted of a first driving-under-the-influence offense, or services to those persons convicted of a second or subsequent driving-under-the-influence offense, or both services. If a county board of supervisors fails to provide recommendations, the department shall determine the program or programs to be licensed in that county.(d) After determining a need, a county board of supervisors may also place one or more limitations on the services to be provided by a driving-under-the-influence program or the area the program may operate within the county, when it initially recommends a program to the department pursuant to subdivision (a).(1) For purposes of this subdivision, a board of supervisors may restrict a program for those convicted of a first driving-under-the-influence offense to providing only a three-month program, or may restrict a program to those convicted of a second or subsequent driving-under-the-influence offense to providing only an 18-month program, as a condition of its recommendation.(2) A board of supervisors may not place restrictions on a program that would violate a statute or regulation.(3) When recommending a program, if a board of supervisors fails to place any limitation on a program pursuant to this subdivision, the department may license that program to provide any driving-under-the-influence program services that are allowed by law within that county.(4) This subdivision is intended to apply only to the initial recommendation to the department for licensure of a program by the county. It is not intended to affect a license that has been previously issued by the department or the renewal of a license for a driving-under-the-influence program. In counties where a contract or other written agreement is currently in effect between the county and a licensed driving-under-the-influence program operating in that county, this subdivision is not intended to alter the terms of that relationship or the renewal of that relationship.(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and Section 11835, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section for the purpose of alcohol or drug recovery services provided in virtual settings by means of all-county letters, plan letters, information notices, or similar instructions, until regulations are promulgated or amended in accordance with paragraph (2).(2) On or before January 1, 2026, the department shall promulgate regulations, in accordance with Section 11835, governing the provision of alcohol or drug recovery services pursuant to this section in virtual settings. (f) This section shall become operative on January 1, 2031.
SEC. 3.
Section 11837 of the Health and Safety Code is amended to read:
11837.
(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a motor vehicle upon conviction for driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and any drug, as set forth in paragraph (3) of subdivision (a) of Section 13352 of the Vehicle Code, the Department of Motor Vehicles shall restrict the driving privilege pursuant to Section 13352.5 of the Vehicle Code, if the person convicted of that offense participates for at least 18 months in a driving-under-the-influence program that is licensed pursuant to this chapter.
(b) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from his or her their physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court.
(c) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in his or her their blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.
(2) Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.
(d) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code.
(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code.
(e) The court may, subject to Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person.
(f) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department.
(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 4.
Section 11837 is added to the Health and Safety Code, to read:
11837. (a) In determining whether to refer a person, who is ordered to participate in a program pursuant to Section 668 of the Harbors and Navigation Code, in a licensed alcohol and other drug education and counseling services program pursuant to Section 23538 of the Vehicle Code, or, pursuant to Section 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code, in a licensed 18-month or 30-month program, the court may consider any relevant information about the person made available pursuant to a presentence investigation, that is permitted but not required under Section 23655 of the Vehicle Code, or other screening procedure. That information shall not be furnished, however, by any person who also provides services in a privately operated, licensed program or who has any direct interest in a privately operated, licensed program. In addition, the court shall obtain from the Department of Motor Vehicles a copy of the person’s driving record to determine whether the person is eligible to participate in a licensed 18-month or 30-month program pursuant to this chapter. When preparing a presentence report for the court, the probation department may consider the suitability of placing the defendant in a treatment program that includes the administration of nonscheduled nonaddicting medications to ameliorate an alcohol or controlled substance problem. If the probation department recommends that this type of program is a suitable option for the defendant, the defendant who would like the court to consider this option shall obtain from their physician a prescription for the medication, and a finding that the treatment is medically suitable for the defendant, prior to consideration of this alternative by the court.(b) (1) The court shall, as a condition of probation pursuant to Section 23538 or 23556 of the Vehicle Code, refer a first offender whose concentration of alcohol in their blood was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.(2) Notwithstanding any other provision of law, in granting probation to a first offender described in this subdivision whose concentration of alcohol in the person’s blood was 0.20 percent or more, by weight, or the person refused to take a chemical test, the court shall order the person to participate, for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in this chapter.(c) (1) The State Department of Health Care Services may specify in regulations the activities required to be provided in the treatment of participants receiving nine months of licensed program services under Section 23538 or 23556 of the Vehicle Code.(2) Any program licensed pursuant to this chapter may provide treatment services to participants receiving at least six months of licensed program services under Section 23538 or 23556 of the Vehicle Code.(d) The court may, subject to Section 11837.2, and as a condition of probation, refer a person to a licensed program, even though the person’s privilege to operate a motor vehicle is restricted, suspended, or revoked. An 18-month program described in Section 23542 or 23562 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code may include treatment of family members and significant other persons related to the convicted person with the consent of those family members and others as described in this chapter, if there is no increase in the costs of the program to the convicted person.(e) The clerk of the court shall indicate the duration of the program in which the judge has ordered the person to participate in the abstract of the record of the court that is forwarded to the department.(f) This section shall become operative on January 1, 2031.
SEC. 5.
Section 12813 of the Vehicle Code is amended to read:
12813.
(a) The department may, upon issuing a driver’s license or after issuance whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of, or special mechanical control devices required on, a motor vehicle which the licensee may operate or impose other restrictions applicable to the licensee that the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The department may issue either a special restricted license or may set forth the restrictions upon the usual license form.
(c) The authority of the department to issue restricted licenses under this section is subject to Sections 12812, 13352, 13353.3, and 13352.5.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 6.
Section 12813 is added to the Vehicle Code, to read:
12813. (a) The department may, upon issuing a driver’s license or after issuance whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of, or special mechanical control devices required on, a motor vehicle which the licensee may operate or impose other restrictions applicable to the licensee that the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.(b) The department may issue either a special restricted license or may set forth the restrictions upon the usual license form.(c) The authority of the department to issue restricted licenses under this section is subject to Sections 12812, 13352.4, 13353.3, 13353.6, 13354.4, 16070, and 23109.(d) This section shall become operative January 1, 2031.
SEC. 7.
Section 13202.5 of the Vehicle Code is amended to read:
13202.5.
(a) (1) For each conviction of a person for an offense specified in subdivision (d), committed while the person was under 21 years of age, but 13 years of age or older, the court shall suspend the person’s driving privilege for one year. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for an offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person’s driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.
(2) As used in this section, the term “conviction” includes the findings in juvenile proceedings specified in Section 13105.
(b) Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all driver’s licenses held by the person to be surrendered to the court. The court shall within 10 days following the conviction transmit a certified abstract of the conviction, together with any driver’s licenses surrendered, to the department.
(c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person’s privilege to drive based upon a showing of a critical need to drive.
(2) As used in this section, “critical need to drive” means the circumstances that are required to be shown for the issuance of a junior permit pursuant to Section 12513.
(3) The restriction shall remain in effect for the balance of the period of suspension or restriction in this section. The court shall notify the department of any modification within 10 days of the order of modification.
(d) This section applies to violations involving controlled substances or alcohol contained in the following provisions:
(1) Section 191.5 of, and subdivision (a) or (b) of Section 192.5 of, the Penal Code.
(2) Section 23103 when subject to Section 23103.5, Section 23140, and Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 of this code.
(e) Suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation specified in subdivision (d).
(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 8.
Section 13202.8 of the Vehicle Code is amended to read:
13202.8.
(a) The restrictions specified in Section 13202.5 for the violations specified in that section may include, but are not limited to, the installation and maintenance of a certified ignition interlock device pursuant to Section 13386. Any restriction is subject to the provisions of Section 13202.5 relating to restrictions.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 9.
Section 13350 of the Vehicle Code is amended to read:
13350.
(a) The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:
(1) Failure of the driver of a vehicle involved in an accident resulting in injury or death to a person to stop or otherwise comply with Section 20001.
(2) A felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, or 13357.
(3) Reckless driving causing bodily injury.
(b) If a person is convicted of a violation of Section 23152 punishable under Section 23546, 23550, or 23550.5, or a violation of Section 23153 punishable under Section 23550.5 or 23566, including a violation of subdivision (b) of Section 191.5 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging his or her their understanding of the revocation required by paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and an acknowledgment of his or her their designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.
(c) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 10.
Section 13350 is added to the Vehicle Code, to read:
13350. (a) The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:(1) Failure of the driver of a vehicle involved in an accident resulting in injury or death to a person to stop or otherwise comply with Section 20001.(2) A felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, 13354, or 13357.(3) Reckless driving causing bodily injury.(b) If a person is convicted of a violation of Section 23152 punishable under Section 23546, 23550, or 23550.5, or a violation of Section 23153 punishable under Section 23550.5 or 23566, including a violation of subdivision (b) of Section 191.5 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging their understanding of the suspension required by paragraph (5), (6), or (7) of subdivision (a) of Section 13352 or paragraph (5), (6), or (7) of subdivision (a) of Section 13354, and an acknowledgment of their designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.(c) (1) The department shall not reinstate the privilege suspended under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.(2) Proof of financial responsibility shall be maintained for three years.(d) This section shall become operative on January 1, 2031.
SECTION 1.SEC. 11.
Section 13352 of the Vehicle Code, as amended by Section 1 of Chapter 689 of the Statutes of 2025, is amended to read:
13352.
(a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1) (A) Except as provided in this subparagraph, or as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(v) The person provides proof of financial responsibility, as defined in Section 16430.
(vi) The person pays all reissue fees and any restriction fee required by the department.
(vii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e).
(2) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556 of this code.
(II) Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I).
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(3) (A) Except as provided in this paragraph or in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
(II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(4) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
(II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(5) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
(II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under Section 23575.3, if applicable.
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(6) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(II) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(7) (A) Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(i) Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
(II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3, if the underlying conviction involved alcohol.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
(8) (A) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(B) Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(b) For the purposes of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
(e) (1) The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to (7), inclusive, of subdivision (a) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.
(2) For the purposes of the restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(3) The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(f) Notwithstanding the suspension periods specified in paragraphs (1) to (7), inclusive, of subdivision (a) or Section 13352.1, if the person maintains a functioning, certified ignition interlock device for the mandatory term required under Section 23575.3, inclusive of any term credit earned under Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied.
(g) For the purposes of this section, completion of a program is the following:
(1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
(h) (1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to this section is not eligible for the restricted driver’s license authorized under paragraphs (1) to (7), inclusive, of subdivision (a).
(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (7), inclusive, of subdivision (a).
(i) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(j) The reinstatement of the driving privilege pursuant to this section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
(k) For purposes of this section, “bypass” means either of the following:
(1) Failure to take any random retest.
(2) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(l) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(m) The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 2.Section 13352 of the Vehicle Code, as amended by Section 2 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 12.
Section 13352 of the Vehicle Code, as amended by Section 2 of Chapter 689 of the Statutes of 2025, is amended to read:
13352.
(a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, subdivision (a), (b), (d), (e), or (g) of Section 23152, subdivision (a), (b), (d), (e), or (g) of Section 23153, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. subdivision (a), (b), (d), (e), or (g) of Section 23152 or subdivision (a), (b), (d), (e), or (g) of Section 23153. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1) Except as required under Section 13352.1 or 13352.4, upon Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months. suspended. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives satisfies all of the following requirements:
(A) The person applies for and maintains a restricted driver’s license for a period of 6 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(C) The person provides proof of financial responsibility pursuant to subdivision (g) of Section 13352.4.(D) The person pays all applicable reinstatement and reissue fees required by the department.
(2) Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. suspended. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof person satisfies all the following requirements:
(A) The person applies for and maintains a restricted license for a period of 12 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23556. For the purposes of this paragraph, enrollment, participation, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(C) The person provides proof of financial responsibility pursuant to subdivision (g) of Section 13352.4.(D) The person pays all applicable reinstatement and reissue fees required by the department.
(3) Except as provided in Section 13352.5, upon Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 punishable under Section 23540, the privilege shall be suspended for two years. suspended. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfies all of the following requirements:
(A) The person applies for and maintains a restricted license for a period of 24 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23542. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:
(A)Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
(B)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(C)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(E)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(F)
(C) The person provides proof of financial responsibility, as defined in Section 16430. responsibility pursuant to subdivision (g) of Section 13352.4.
(G)
(D) The person pays all reissue fees and any restriction fee required by the department.
(H)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(I)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(4) Except as provided in this paragraph, upon Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three years. suspended. The privilege may shall not be reinstated until the person gives proof of financial responsibility, and the person gives satisfies all of the following requirements:
(A) The person applies for and maintains a restricted license for 36 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. subdivision (b) of Section 23562. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23562. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)
(C) The person provides proof of financial responsibility, as defined in Section 16430. responsibility pursuant to subdivision (g) of Section 13352.4.
(F)
(D) The person pays all applicable reinstatement or and reissue fees and any restriction fee required by the department.
(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(5) Except as provided in this paragraph, upon Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three years. suspended. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfies all of the following requirements:
(A) The person applies for and maintains a restricted license for 36 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:
(A)Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
(B)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(C)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(E)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(F)
(C) The person provides proof of financial responsibility, as defined in Section 16430. responsibility pursuant to subdivision (g) of Section 13352.4.
(G)An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(H)
(D) The person pays all applicable reinstatement or and reissue fees and any restriction fee required by the department.
(I)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(J)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(6) Except as provided in this paragraph, upon Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. suspended. The privilege may shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfies all of the following requirements:
(A) The person applies for and maintains a restricted license for 48 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(ii)Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)
(C) The person provides proof of financial responsibility, as defined in Section 16430. responsibility pursuant to subdivision (g) of Section 13352.4.
(F)An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)
(D) The person pays all applicable reinstatement or and reissue fees and any restriction fee required by the department.
(H)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(7) Except as provided in this paragraph, upon Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years. and the offense occurred within 10 years of 3 or more separate violations of Section 23103, as specified in Section 23103.5, 23152, 23153, or any combination thereof, that resulted in a conviction, the privilege shall be suspended. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proofsatisfies all of the following requirements:
(A) The person applies for and maintains a restricted license for 60 months pursuant to Section 13352.4.
(B) The person provides proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(A)The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
(C)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
(E)
(C) The person provides proof of financial responsibility, as defined in Section 16430.responsibility pursuant to subdivision (g) of Section 13352.4.
(F)An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
(G)
(D) The person pays all applicable reinstatement or and reissue fees and any restriction fee required by the department.
(H)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
(8)(A)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(B)Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9)Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(8) Upon a conviction or finding of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 punishable under Section 23536, if the court refers the person to a program pursuant to paragraph (2) of subdivision (b) of Section 23538, the privilege shall be suspended. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person applies for and maintains a restricted license for 10 months pursuant to Section 13352.4.(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, described in subdivision (b) of Section 23538. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.(C) The person provides proof of financial responsibility pursuant to subdivision (g) of section 13352.4.(D) The person pays all applicable reinstatement and reissue fees required by the department.
(b) For the purpose of paragraphs (2) to (9), (1) to (8), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d) (1)A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
(2) For the purposes of this code, a conviction of an offense for being in actual physical control of a motor vehicle or for operation of a motor vehicle shall be considered substantially similar to the violations described is paragraph (1), even if the law of such other place does not require or the offense did not include driving or actual volitional movement.
(e)For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(f)
(e) For the purposes of this section, completion of a program is the following:
(1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
(g)The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under this section is not eligible for the restricted driver’s license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
(f) The department, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (a), shall inform the convicted person of the requirements of this section, including the term of the restriction for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.(g) (1) The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.(2) The actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by the person must be conducted in a vehicle with a functioning, certified ignition interlock device installed.(h) If a person, whose driving privilege is suspended under this section, does not have a valid California driver’s license at the time of the suspension and is a resident of California, the person shall not be issued a driver’s license except as follows:(1) The person may apply for a driver’s license, for which they are otherwise eligible under this code. The person shall meet all of the requirements for the issuance of an original driver’s license, of the type for which they are applying, including, but not limited to, taking any tests and paying any fees required.(2) Upon meeting all of the requirements, the person shall be issued a driver’s license. That driver’s license shall be immediately suspended until the person meets all of the requirements of this section.(i) A person whose driving privilege has been suspended under subdivision (a), who is eligible for a restricted driver’s license as provided for in Section 13353.6, and who installs a functioning, certified ignition interlock device pursuant to that section, shall receive credit towards the term the person is required to maintain a restricted license pursuant to this section for any amount of time they maintained a restricted device pursuant to Section 13353.6 for a violation arising out of the same occurrence.
(h)
(j) This section shall become operative January 1, 2033. 2031.
SEC. 3.SEC. 13.
Section 13352.1 of the Vehicle Code, as amended by Section 3 of Chapter 689 of the Statutes of 2025, is amended to read:
13352.1.
(a) Pursuant to subdivision (a) of Section 13352 and except as required under subdivision (c) of this section or Section 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, if the court refers the person to a program pursuant to paragraph (2) of subdivision (b) of Section 23538, the privilege shall be suspended for 10 months.
(b) The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. For the purposes of this subdivision, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.
(c) (1) Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that the person may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(A) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
(B) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (2) of subdivision (b) of Section 23538 of this code.
(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D) The person does both of the following:
(i) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(ii) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (e).
(E) The person provides proof of financial responsibility, as defined in Section 16430.
(F) The person pays all reissue fees and any restriction fee required by the department.
(G) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(2) The restriction shall remain in effect for the period required in subdivision (d).
(d) (1) The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (c) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.
(2) For the purposes of the restriction conditions specified in subdivision (c), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
(3) The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to Section 23575.3, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(e) A person whose driving privilege is restricted by the department pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f) (1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under paragraph (1) of subdivision (a) of Section 13352 or this section is not eligible for the restricted driver’s license authorized under this section.
(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (c).
(g) For the purposes of this section, “bypass” means either of the following:
(1) Failure to take any random retest.
(2) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(h) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(i) The restriction conditions specified in this section shall apply only to a person who is convicted for a violation of Section 23152, as specified in subdivision (a), that occurred on or after January 1, 2019.
(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 4.SEC. 14.
Section 13352.1 of the Vehicle Code, as amended by Section 4 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 15.
Section 13352.2 of the Vehicle Code is amended to read:
13352.2.
(a) If a person is required under Section 13352 to provide the department with proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, the department shall deem that requirement satisfied upon receiving at its headquarters proof of enrollment that is satisfactory to the department and has been forwarded to the department by the program provider.
(b) If a person is required under Section 13352 to provide the department with proof of completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, the department shall deem that requirement satisfied upon receiving at its headquarters proof of completion that is satisfactory to the department and has been forwarded to the department by the program provider.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 16.
Section 13352.2 is added to the Vehicle Code, to read:
13352.2. (a) If a person is required under Section 13352 or 13354 to provide the department with proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, the department shall deem that requirement satisfied upon receiving at its headquarters proof of enrollment that is satisfactory to the department and has been forwarded to the department by the program provider.(b) If a person is required under Section 13352 or 13354 to provide the department with proof of completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, the department shall deem that requirement satisfied upon receiving at its headquarters proof of completion that is satisfactory to the department and has been forwarded to the department by the program provider.(c) Whenever a person has enrolled in a driving-under-the-influence program under this chapter, the program shall certify successful completion of the program to the department.(d) (1) Whenever a person has enrolled in a driving-under-the-influence program under this chapter, the program shall report any failure to participate in the program to the department.(2) The program shall provide the person with a summary of facts leading to the determination the person failed to participate in the program or that the person has failed to comply with the program’s rules and policies.(3) (A) The person may request a review of the finding that they have failed to comply with the program requirements to the Department of Health Care Services.(B) The request shall be made within 10 days of the receipt of the summary of facts provided pursuant to paragraph (2). Failure to request a review within 10 days is a waiver of the right to a review of the program’s determination.(C) The request shall contain all of the following: (i) The name, current mailing address, phone number, email address, and driver’s license number of the person.(ii) The summary of facts provided by the program pursuant to paragraph (2).(iii) A copy of all communications with the driving-under-the-influence program regarding the alleged failure to meet the program requirements.(iv) Any request that does not contain all of the above information is not a valid request pursuant to subparagraph (B).(4) Upon receipt, the Department of Health Care Services shall do both of the following:(A) Review the submission by the person and any other relevant documents or evidence and make a determination of whether the program’s determination was appropriate.(B) Notify the person and the driving-under-the-influence program of their finding.(5) If the Department of Health Care Services determines the program’s determination was not appropriate, the program shall reenroll the person and notify the Department of Motor Vehicles that the notification sent pursuant to subdivision (d) has been rescinded. The Department of Motor Vehicles may reinstate any restricted license terminated as a result of the notification.(e) This section shall become operative on January 1, 2031.
SEC. 17.
Section 13352.3 of the Vehicle Code is amended to read:
13352.3.
(a) Notwithstanding any other provision of law, except subdivisions (b), (c), and (d) of Section 13352 and Sections 13367 and 23521, the department immediately shall revoke the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person was convicted of a violation of Section 23152 or 23153 while under 18 years of age, or upon receipt of a report of a judge of the juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153.
(b) The term of the revocation shall be until the person reaches 18 years of age, for one year, or for the period prescribed for restriction, suspension, or revocation specified in subdivision (a) of Section 13352, whichever is longer. The privilege may not be reinstated until the person gives proof of financial responsibility as defined in Section 16430.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 18.
Section 13352.3 is added to the Vehicle Code, to read:
13352.3. (a) Notwithstanding any other provision of law, except subdivisions (b), (c), and (d) of Section 13352, subdivisions (b), (c), and (d) of Section 13354, and Sections 13367 and 23521, the department immediately shall revoke the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person was convicted of a violation of Section 23152 or 23153 while under 18 years of age, or upon receipt of a report of a judge of the juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153.(b) The term of the revocation shall be until the person reaches 18 years of age or for one year, whichever is longer. The privilege may not be reinstated until the person gives proof of financial responsibility as defined in Section 16430.(c) This section shall become operative on January 1, 2031.
SEC. 5.SEC. 19.
Section 13352.4 of the Vehicle Code, as amended by Section 5 of Chapter 689 of the Statutes of 2025, is amended to read:
13352.4.
(a) Except as provided in subdivision (h), or when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1) Submits proof satisfactory to the department of either of the following:
(A) Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
(B) Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
(2) Submits proof of financial responsibility, as defined in Section 16430.
(3) Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect for a period of 12 months and until the date all reinstatement requirements described in Section 13352 or 13352.1 have been met.
(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or 13352.1 have been met, whichever date is later.
(g) (1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.
(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a).
(h) If, upon conviction, the court has made the determination, as authorized under Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.
(i) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 6.Section 13352.4 of the Vehicle Code, as amended by Section 6 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 20.
Section 13352.4 of the Vehicle Code, as amended by Section 6 of Chapter 689 of the Statutes of 2025, is amended to read:
(a)Except as provided in subdivision (h), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1)Submits proof satisfactory to the department of either of the following, as applicable:
(A)Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
(B)Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
(2)Submits proof of financial responsibility, as defined in Section 16430.
(3)Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b)The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (c) of Section 13353.3.
(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d)Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e)For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(f)The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.
(g)The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.
(h)If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.
(i)This section shall become operative January 1, 2033.
13352.4. (a) A person who is required to maintain a restricted driver’s license pursuant to Section 13352 may apply for a restricted license if the person meets all of the following requirements:(1) The person installs a certified ignition interlock device on each vehicle operated by the person and does all of the following:(A) Arranges for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.(B) Provides to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.(C) Arranges for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.(2) The person provides proof of financial responsibility pursuant to subdivision (g).(3) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, proof of enrollment in or completion of a driving-under-the-influence program as required by Section 13352.(A) If the person is applying for a restricted license pursuant to paragraph (1) or paragraph (8) of subdivision (a) of Section 13352, the person shall satisfactorily provide to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.(B) If the person is applying for a restricted license pursuant to paragraph (2) of subdivision (a) of Section 13352, the person shall satisfactorily provide, subsequent to the violation date of the current underlying conviction, either of the following:(i) Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556.(ii) Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I).(C) If the person is applying for a restricted license pursuant to paragraph (3), (4), (5), (6), or (7) of subdivision (a) of Section 13352, the person shall satisfactorily provide, subsequent to the violation date of the current underlying conviction, either of the following:(i) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.(ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.(4) The person agrees, as a condition of the restriction, to continue satisfactory participation in the required driving-under-the-influence program.(5) The person pays a fee, determined by the department, that is sufficient to cover the costs of administration of this section.(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under this section and shall remain in effect until the date all reinstatement requirements described in Section 13352 have been met.(c) A person who is required to install an ignition interlock device under this code is exempt from the requirement if the person certifies to the department all of the following:(1) The person does not own a vehicle.(2) The person does not have access to a vehicle at their residence.(3) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in the requirement.(4) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.(5) The person acknowledges that they are required to have a valid driver’s license before they can drive.(6) The person is subject to the requirements of this section when they purchase or have access to a vehicle.(7) The person’s driving privilege shall remain suspended for the time equivalent to the restricted license requirement of subdivision (a) of Section 13352 of this code.(d) A person who is required to install an ignition interlock device under this code is exempt from the requirement if a medical condition does not permit a person to breathe with sufficient strength to activate the device. The person’s driving privilege shall remain suspended for the time equivalent to the restricted license requirement of subdivision (a) of Section 13352.(e) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to this section, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device.(f) If a person fails to comply with any of the requirements of this section, the period in which the person was not in compliance shall not be credited towards the mandatory term for which the person is required to maintain a restricted license pursuant to subdivision (a) of Section 13352.(g) (1) Whenever the driving privilege is restricted under this section or a driver is otherwise required to maintain proof of financial responsibility under this chapter, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years.(2) If the person does not maintain that proof of financial responsibility at any time during the required period, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.(3) If the person who has been issued a restricted license does not maintain that proof of financial responsibility at any time during the restriction, the department shall terminate the restriction imposed pursuant to this section and shall suspend the person’s driving privilege. The restriction may be reinstated if the person provides satisfactory proof of financial responsibility as required under Section 16484 and meets all other requirement for a restricted license under this section.(h) (1) The department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under subdivision (a) of Section 13352 upon receipt of notification from a driving-under-the-influence program that the person has failed to comply with program requirements.(2) The restriction may be reinstated if the person provides proof of enrollment in or completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code and meets all other requirement for a restricted license under this section.(3) The person may request a review of the finding that they have failed to comply with the program requirements to the Department of Health Care Services pursuant to subdivision (d) of Section 13352.2.(i) The department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under subdivision (a) of Section 13352 if the person fails to comply with paragraph (1) of subdivision (a) of this section. The restriction may not be reinstated until the person provides proof of compliance with paragraph (1) of subdivision (a) and meets all other requirements for a restricted license under this section.(j) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.(k) (1) If a person is required to operate a motor vehicle in the course and scope of their employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of a functioning, certified approved ignition interlock device if the employer has been notified by the person that the person’s driving privilege has been suspended pursuant to Section 13352 and restricted pursuant to this section, and if the person has proof of that notification in their possession, or if the notice, or a facsimile copy thereof, is with the vehicle.(2) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Section 13352 is not a motor vehicle owned by the employer subject to the exemption in paragraph (1).(l) (1) For the purposes of this section, “vehicle” does not include a motorcycle or other vehicle that requires a Class M license until the state certifies an ignition interlock device that can be installed on the vehicle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle or other vehicle that requires a Class M license for the duration of the ignition interlock device restriction period, unless the state has certified an ignition interlock device that can be installed on that vehicle.(2) For the purposes of this section, “vehicle” does not include a commercial vehicle, as defined in Section 15210. Any person subject to an ignition interlock device restriction shall not operate a commercial vehicle or any vehicle that requires a Class A or Class B license or a vehicle that requires an endorsement under Sections 12517 or 15278.(m) If the person's driving privilege has been suspended under Section 13353.2, the person shall not be issued a restricted license until they meet the requirements of this section and Section 13353.6.(n) This section shall become operative on January 1, 2031.
SEC. 21.
Section 13352.5 of the Vehicle Code is amended to read:
13352.5.
(a) The department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (3) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23542 has been received in the department’s headquarters.
(2) The person submits proof of financial responsibility, as described in Section 16430.
(3) The person completes not less than 12 months of the suspension period imposed under paragraph (3) of subdivision (a) of Section 13352. The 12 months may include credit for any suspension period served under subdivision (c) of Section 13353.3.
(4) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (3) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later.
(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
(d) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(e) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
(f) The department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under paragraph (3) of subdivision (a) of Section 13352 upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements.
(g) If, upon conviction, the court has made the determination, as authorized under subdivision (b) of Section 23540 or subdivision (d) of Section 23542, to disallow the issuance of a restricted driver’s license, the department shall not issue a restricted driver’s license under this section.
(h) A person restricted pursuant to this section may apply to the department for a restricted driver’s license, subject to the conditions specified in paragraph (3) of subdivision (a) of Section 13352. Whenever proof of financial responsibility has already been provided and a restriction fee has been paid in compliance with restrictions described in this section, and the offender subsequently receives an ignition interlock device restriction described in paragraph (3) of subdivision (a) of Section 13352, the proof of financial responsibility period shall not be extended beyond the previously established term and no additional restriction fee shall be required.
(i) This section applies to a person who meets all of the following conditions:
(1) Has been convicted of a violation of Section 23152 that occurred on or before July 1, 1999, and is punishable under Section 23540, or former Section 23165.
(2) Was granted probation for the conviction subject to conditions imposed under subdivision (b) of Section 23542, or under subdivision (b) of former Section 23166.
(3) Is no longer subject to the probation described in paragraph (2).
(4) Has not completed the licensed driving-under-the-influence program under paragraph (3) of subdivision (a) of Section 13352 for reinstatement of the driving privilege.
(5) Has no violations in his or her their driving record that would preclude issuance of a restricted driver’s license.
(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 22.
Section 13352.5 is added to the Vehicle Code, to read:
13352.5. (a) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to Section 13352.4 or 13353.6.(b) Whenever a person installs an ignition interlock device pursuant to Section 13352.4 or 13353.6, the installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.(c) (1) The department shall immediately suspend or revoke the privilege to operate a motor vehicle and any restricted driver’s license of a person who, with respect to an ignition interlock device installed pursuant to Section 13352.4 or 13353.6, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device.(2) The privilege may not be reinstated until the person provides proof of compliance with subsection (1) of subdivision (a) of Section 13352.4 or Section 13353.6, and meets all other requirements for a restricted license under this section.(d) For the purposes of this section, the following definitions apply:(1) “Bypass” means either of the following:(A) Failure to take any random retest.(B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person's blood.(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.(4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle's motor is running.(5) “Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period(e) This section shall become operative on January 1, 2031.
SEC. 23.
Section 13353.2 of the Vehicle Code is amended to read:
13353.2.
(a) The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons:
(1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in his or her their blood.
(2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial driver’s license when the person had 0.04 percent or more, by weight, of alcohol in his or her their blood.
(4) The person was driving a motor vehicle when both of the following applied:
(A) The person was on probation for a violation of Section 23152 or 23153.
(B) The person had 0.01 percent or more, by weight, of alcohol in his or her their blood, as measured by a preliminary alcohol screening test or other chemical test.
(b) The notice of the order of suspension under this section shall be served on the person by a peace officer pursuant to Section 13382 or 13388. The notice of the order of suspension shall be on a form provided by the department. If the notice of the order of suspension has not been served upon the person by the peace officer pursuant to Section 13382 or 13388, upon the receipt of the report of a peace officer submitted pursuant to Section 13380, the department shall mail written notice of the order of the suspension to the person at the last known address shown on the department’s records and, if the address of the person provided by the peace officer’s report differs from the address of record, to that address.
(c) The notice of the order of suspension shall specify clearly the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request an administrative hearing, the procedure for requesting an administrative hearing, and the date by which a request for an administrative hearing shall be made in order to receive a determination prior to the effective date of the suspension.
(d) The department shall make a determination of the facts in subdivision (a) on the basis of the report of a peace officer submitted pursuant to Section 13380. The determination of the facts, after administrative review pursuant to Section 13557, by the department is final, unless an administrative hearing is held pursuant to Section 13558 and any judicial review of the administrative determination after the hearing pursuant to Section 13559 is final.
(e) The determination of the facts in subdivision (a) is a civil matter that is independent of the determination of the person’s guilt or innocence, shall have no collateral estoppel effect on a subsequent criminal prosecution, and shall not preclude the litigation of the same or similar facts in the criminal proceeding. If a person is acquitted of criminal charges relating to a determination of facts under subdivision (a), or if the person’s driver’s license was suspended pursuant to Section 13388 and the department finds no basis for a suspension pursuant to that section, the department shall immediately reinstate the person’s privilege to operate a motor vehicle if the department has suspended it administratively pursuant to subdivision (a), and the department shall return or reissue for the remaining term any driver’s license that has been taken from the person pursuant to Section 13382 or otherwise. Notwithstanding subdivision (b) of Section 13558, if criminal charges under Section 23140, 23152, or 23153 are not filed by the district attorney because of a lack of evidence, or if those charges are filed but are subsequently dismissed by the court because of an insufficiency of evidence, the person has a renewed right to request an administrative hearing before the department. The request for a hearing shall be made within one year from the date of arrest.
(f) The department shall furnish a form that requires a detailed explanation specifying which evidence was defective or lacking and detailing why that evidence was defective or lacking. The form shall be made available to the person to provide to the district attorney. The department shall hold an administrative hearing, and the hearing officer shall consider the reasons for the failure to prosecute given by the district attorney on the form provided by the department. If applicable, the hearing officer shall consider the reasons stated on the record by a judge who dismisses the charges. A fee shall not be imposed pursuant to Section 14905 for the return or reissuing of a driver’s license pursuant to this subdivision. The disposition of a suspension action under this section does not affect an action to suspend or revoke the person’s privilege to operate a motor vehicle under another provision of this code, including, but not limited to, Section 13352 or 13353, or Chapter 3 (commencing with Section 13800).
(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 24.
Section 13353.2 is added to the Vehicle Code, to read:
13353.2. (a) The department shall immediately suspend the privilege of a person to operate a motor vehicle for any one of the following reasons:(1) The person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in their blood.(2) The person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.(3) The person was driving a vehicle that requires a commercial driver’s license when the person had 0.04 percent or more, by weight, of alcohol in their blood.(4) The person was driving a motor vehicle when both of the following applied:(A) The person was on probation for a violation of Section 23152 or 23153.(B) The person had 0.01 percent or more, by weight, of alcohol in their blood, as measured by a preliminary alcohol screening test or other chemical test.(5) The person was driving a motor vehicle when a passenger for hire was a passenger in the vehicle when the person had 0.04 percent or more, by weight, of alcohol in their blood. For purposes of this section, “passenger for hire” is defined as a passenger for hire pursuant to subdivision (e) of Section 23152.(b) The notice of the order of suspension under this section shall be served on the person by a peace officer pursuant to Section 13382 or 13388. The notice of the order of suspension shall be on a form provided by the department. If the notice of the order of suspension has not been served upon the person by the peace officer pursuant to Section 13382 or 13388, upon the receipt of the report of a peace officer submitted pursuant to Section 13380, the department shall mail written notice of the order of the suspension to the person at the last known address shown on the department’s records and, if the address of the person provided by the peace officer’s report differs from the address of record, to that address.(c) The notice of the order of suspension shall specify clearly the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request an administrative hearing, the procedure for requesting an administrative hearing, and the date by which a request for an administrative hearing shall be made in order to receive a determination prior to the effective date of the suspension.(d) The determination of the facts, after administrative review pursuant to Section 13557, by the department is final, unless an administrative hearing is held pursuant to Section 13558 and any judicial review of the administrative determination after the hearing pursuant to Section 13559 is final.(e) (1) The determination of the facts in subdivision (a) is a civil matter that is independent of the determination of the person’s guilt or innocence, shall have no collateral estoppel effect on a subsequent criminal prosecution, and shall not preclude the litigation of the same or similar facts in the criminal proceeding.(2) If a person is acquitted of criminal charges relating to a determination of facts under subdivision (a) or the person’s driving privilege was suspended pursuant to Section 13388 and the department finds no basis for a suspension pursuant to that section, the department shall immediately reinstate the person’s privilege to operate a motor vehicle if the department has suspended it administratively pursuant to subdivision (a), and the department shall return or reissue for the remaining term any driver’s license that has been taken from the person pursuant to Section 13382 or otherwise.(f) A person suspended under this section may not be issued a restricted license except the person may apply for a restricted license after they have been suspended for at least 30 days, if they meet all applicable requirements.(1) If, at the time the suspension under this section becomes effective, the driver has a restricted license issued under Section 13352.4, the restricted license shall be revoked and the suspension shall be instated. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person. The person may apply for a restricted license after they have been suspended for at least 30 days and if they meet all applicable requirements of Section 13352.4 and 13353.6.(2) The person shall not receive credit toward the time required to maintain a restricted license pursuant to Section 13352 for time they are suspended under this section.(g) This section shall become effective January 1, 2031.
SEC. 7.SEC. 25.
Section 13353.3 of the Vehicle Code, as amended by Section 7 of Chapter 689 of the Statutes of 2025, is amended to read:
13353.3.
(a) An order of suspension of a person’s privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person’s privilege to operate a motor vehicle under Section 13353.2 is as follows:
(1) (A) If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1 of this code, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occurrence occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months, except as provided in subparagraph (B).
(B) The four-month suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i) The person is eligible for a restricted driver’s license pursuant to Section 13352 or 13352.1.
(ii) The person installs a functioning, certified ignition interlock device as required in Section 13352 or 13352.1 for that restricted driver’s license.
(iii) The person complies with all other applicable conditions of Section 13352 or 13352.1 for a restricted driver’s license.
(2) (A) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1 of this code, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraph (B).
(B) The one-year suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i) The person is eligible for a restricted driver’s license pursuant to Section 13352 or 13352.1.
(ii) The person installs a functioning, certified ignition interlock device as required in Section 13352 or 13352.1 for that restricted driver’s license.
(iii) The person complies with all other applicable conditions of Section 13352 or 13352.1 for a restricted driver’s license.
(3) Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.
(c) If a person’s privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.
(d) For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 8.Section 13353.3 of the Vehicle Code, as amended by Section 8 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 26.
Section 13353.3 of the Vehicle Code, as amended by Section 8 of Chapter 689 of the Statutes of 2025, is amended to read:
13353.3.
(a) An order of suspension of a person’s privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person’s privilege to operate a motor vehicle under Section 13353.2 is as follows: driving privilege shall not be reinstated until the person meets all of the following:
(1) (A)If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1 of this code, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occurrence occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months. months, except as provided in subparagraph (B).
(B) The four-month suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:(i) The person’s driving privilege has been suspended for at least 30 days.(ii) The person is eligible for a restricted driver’s license pursuant to Sections 13352.4 and 13353.6.(iii) The person applies for and is issued a restricted driver’s license pursuant to Section 13353.6(iv) The person installs a functioning, certified ignition interlock device as required in Section 13352.4 for that restricted driver’s license.(v) The person complies with all other applicable conditions of Section 13352.4 for a restricted driver’s license.
(2) (A) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1 of this code, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, which offense or occasion occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year, 12 months, except as provided in subparagraphs (B) and (C). (B).
(B) The one-year 12-month suspension pursuant to subparagraph (A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met:
(i) The person’s driving privilege has been suspended for at least 30 days.
(i)
(ii) The person is eligible for a restricted driver’s license pursuant to Section 13352. Sections 13352.4 and 13353.6.
(iii) The person applies for and is issued a restricted driver's license pursuant to Section 13353.6.
(ii)
(iv) The person installs a functioning, certified ignition interlock device as required in Section 13352 13352.4 for that restricted driver’s license.
(iii)
(v) The person complies with all other applicable conditions of Section 13352 13352.4 for a restricted driver’s license.
(C)The one-year suspension pursuant to subparagraph (A) shall terminate after completion of a 90-day suspension period, and the person shall be eligible for a restricted license if the person has been convicted of a violation of Section 23103, as specified in Section 23103.5, arising out of the same occurrence, has no more than two prior alcohol-related convictions within 10 years, as specified pursuant to subparagraph (A), and all of the following conditions are met:
(i)The person satisfactorily provides, subsequent to the underlying violation date, proof satisfactory to the department of enrollment in a nine-month driving-under-the-influence program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(ii)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (i).
(iii)The person installs a functioning, certified ignition interlock device and submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(iv)The person agrees to maintain the ignition interlock device as required pursuant to subdivision (g) of Section 23575.
(v)The person provides proof of financial responsibility, as defined in Section 16430.
(vi)The person pays all license fees and any restriction fee required by the department.
(vii)The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
(D)The department shall advise those persons that are eligible under subparagraph (C) that after completion of 90 days of the suspension period, the person may apply to the department for a restricted driver’s license, subject to the conditions set forth in subparagraph (C).
(E)The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subparagraph (C) and remain in effect for at least the remaining period of the original suspension and until the person provides satisfactory proof to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The restricted driving privilege shall be subject to the following conditions:
(i)If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(ii)For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(iii)The department shall terminate the restriction issued pursuant to this section and shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed pursuant to subparagraph (A).
(iv)The department shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (A) immediately upon receipt of notification from the installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to this section. The privilege shall remain suspended for the remaining period of the original suspension imposed pursuant to subparagraph (A), except that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(3) The period the person is required to maintain a restricted driver’s license under Section 13352 shall run concurrently while the person maintains a restricted driver’s license under this section.
(3)
(4) Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year. year, and the person shall not be eligible to apply for a restricted license until the end of the suspension.
(c) (1)If a person’s privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 or Section 13354 shall be imposed, except that the periods of period of suspension under this section and the suspension or revocation pursuant to Section 13354 or the period the person is required to maintain a restricted license pursuant to 13352 shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods. concurrently.
(2) The person shall receive credit toward the length of time they are required to maintain a restricted license, pursuant to Section 13352, for any time they have maintained a restricted license pursuant to this section for a suspension arising out of the same occurrence. The person shall not receive credit for time their license is suspended under this section.
(d) (1)For the purposes of this section, a conviction of an offense in any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(2) For the purposes of this section, a conviction of an offense for being in actual physical control of a motor vehicle or for operation of a motor vehicle shall be considered substantially similar to the violations described in paragraph (1), even if the law of such other place does not require or the offense did not include driving or actual volitional movement.
(e)The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege is not eligible for the restricted driver’s license authorized pursuant to this section.
(e) (1) If the person was not 21 years of age or older at the time the offense occurred, the person shall not be issued a restricted license.(2) The person described in paragraph (1) shall not be issued a restricted license until the time of the suspension under this section has expired. If the person has been issued a restricted license, the department shall revoke the restricted license and shall not issue a restricted license until the time of the suspension under this section has expired.(3) If the person described in paragraph (1) does not yet have a driver’s license, the department shall delay issuance of that license for one year and shall not issue a driver’s license to the person until they meet all other reinstatement requirements.
(f) This section shall become operative January 1, 2033. 2031.
SEC. 9.SEC. 27.
Section 13353.4 of the Vehicle Code, as amended by Section 9 of Chapter 689 of the Statutes of 2025, is amended to read:
13353.4.
(a) Except as provided in Section 13353.3, 13353.6, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.
(b) The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 10.Section 13353.4 of the Vehicle Code, as amended by Section 10 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 28.
Section 13353.4 of the Vehicle Code, as amended by Section 10 of Chapter 689 of the Statutes of 2025, is amended to read:
13353.4.
(a) Except as provided in Section 13353.3, 13353.6, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in Section 13353, 13353.1, or 13353.3.
(b) The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to Section 13352, 13353, 13353.1, or 13353.2 until all both of the following occur:
(1) The person pays all applicable fees, reinstatement and reissue fees required by the department, including the fees prescribed in Section 14905, have been paid and the person gives proof of financial responsibility, as defined in Section 16430, to the department.
(2) The person provides proof of financial responsibility, pursuant to subdivision (g) of Section 13352.4.
(c) This section shall become operative January 1, 2033. 2031.
SEC. 29.
Section 13353.45 of the Vehicle Code is amended to read:
13353.45.
(a)The department shall, in consultation with the State Department of Health Care Services, with representatives of the county alcohol program administrators, and with representatives of licensed drinking driver program providers, develop a certificate of completion for the purposes of Sections 13352, 13352.4, and 13352.5 and shall develop, implement, and maintain a system for safeguarding the certificates against misuse. The department may charge a reasonable fee for each blank completion certificate distributed to a drinking driver program. The fee shall be sufficient to cover, but shall not exceed, the costs incurred in administering this section, Sections 13352, 13352.4, and 13352.5 or twelve dollars ($12) per person, whichever is less.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 30.
Section 13353.45 is added to the Vehicle Code, to read:
13353.45. (a) The department shall, in consultation with the State Department of Health Care Services, with representatives of the county alcohol program administrators, and with representatives of licensed drinking driver program providers, develop a certificate of completion for the purposes of Sections 13352, 13352.4, and 13352.5 and shall develop, implement, and maintain a system for safeguarding the certificates against misuse. The department may charge a reasonable fee for each blank completion certificate distributed to a drinking driver program. The fee shall be sufficient to cover, but shall not exceed, the costs incurred in administering this section, Sections 13352, 13352.4, 13354, and 13354.4, or twelve dollars ($12) per person, whichever is less.(b) This section shall become effective on January 1, 2031.
SEC. 11.SEC. 31.
Section 13353.5 of the Vehicle Code, as amended by Section 11 of Chapter 689 of the Statutes of 2025, is amended to read:
13353.5.
(a) If a person whose driving privilege is suspended or revoked under Section 13352, Section 13352.1, former Section 13352.4, Section 13352.4, Section 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (3) of subdivision (e) of Section 13352 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in the person’s state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(b) If the person submits an application for a California driver’s license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c) For the purposes of this section, “state” includes a foreign province or country.
(d) This section shall remain in effect only until January 1, 2031.
SEC. 12.Section 13353.5 of the Vehicle Code, as amended by Section 12 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 32.
Section 13353.5 of the Vehicle Code, as amended by Section 12 of Chapter 689 of the Statutes of 2025, is amended to read:
13353.5.
(a) (1)If a person whose driving privilege is suspended or revoked under Section 13352, Section 13352.1, former Section 13352.4, Section 13352.4, Section 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 paragraph (3) of subdivision (e) of Section 13352, Section 13353, Section 13353.2, or Section 13354 and is a resident of another state at the time the mandatory period of suspension or revocation expires, of the suspension or revocation, the department may terminate the suspension or revocation, suspension, upon written application of the person, for the purpose of allowing the person to apply for a license in the person’s their state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(2) The department shall not terminate the suspension until after the length of time the person would have been required to maintain a restricted license pursuant to Section 13352.4 or 13353.2 or served a suspension under Section 13354.
(b) If the person submits an application for a California driver’s license within three years after of the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement reinstatement, has met all the requirements for reinstatement under Section 13352.2, and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c) For the purposes of this section, “state” includes a foreign province or country.
(d) This section shall become operative January 1, 2033. 2031.
SEC. 13.SEC. 33.
Section 13353.6 of the Vehicle Code is amended to read:
13353.6.
(a) Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2 and who has not been convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question, may apply to the department for a restricted driver’s license on or after the effective date specified in Section 13353.3, if the person meets all of the following requirements:
(1) (A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.
(B) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.
(C) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall immediately terminate the restriction and reinstate the suspension of the privilege to operate a motor vehicle. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person.
(D) For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(2) The person installs a functioning, certified ignition interlock device on any vehicle that the person operates and submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(3) The person agrees to maintain the functioning, certified ignition interlock device as required under subdivision (f).
(4) (A) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility, as defined in Section 16430.
(B) If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(5) The person pays all applicable reinstatement or reissue fees.
(b) The restriction under this section shall remain in effect for the remaining period of the original suspension period under Section 13353.3.
(c) The department shall terminate the restriction issued pursuant to this section and shall immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification from the ignition interlock device installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain suspended for the remaining mandatory suspension period imposed pursuant to Section 13353.3, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(d) Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2, who is eligible for a restricted driver’s license as provided for in this section, and who installs a functioning, certified ignition interlock device pursuant to this section, shall receive credit towards the mandatory term the person is required to install a functioning, certified ignition interlock device pursuant to Section 23575.3 for a conviction of a violation arising out of the same occurrence that led to the person’s driving privilege being suspended pursuant to Section 13352 equal to the period of time the person installs a functioning, certified ignition interlock device pursuant to this section or Section 13353.75.
(e) (1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to Section 13353.2 is not eligible for the restricted driver’s license authorized under this section.
(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a).
(f) A person whose driving privilege is restricted by the department pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(g) For the purposes of this section, the following definitions apply:
(1) “Bypass” means either of the following:
(A) Failure to take any random retest.
(B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.
(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.
(4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(5) “Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(h) Notwithstanding subdivisions (a) and (b), and upon a conviction under Section 23152 or 23153 for the current offense, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352 or 13352.1.
(i) The restriction conditions specified in this section shall apply only to a person who is suspended under Section 13353.2 for a violation that occurred on or after January 1, 2019.
(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 34.
Section 13353.6 is added to the Vehicle Code, to read:
13353.6. (a) Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2, and the person’s privilege to operate a motor vehicle is not suspended or revoked pursuant to Section 13353, may apply to the department for a restricted driver’s license if the person meets all of the following requirements:(1) The person has completed 30 days of the suspension period specified in Section 13353.3.(2) (A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.(B) Whenever a person has enrolled in a driving-under-the-influence program under this chapter, the program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.(C) Whenever a person has enrolled in a driving-under-the-influence program under this chapter, the program shall report any failure to participate in the program to the department pursuant to subdivision (d) of Section 13352.2. (D) Upon notification that the person has failed to participate in the program, the department shall immediately terminate the restriction and reinstate the suspension of the privilege to operate a motor vehicle. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person. The restriction may not be reinstated until the person provides proof of compliance with paragraph (2) of subdivision (a) of this section and meets all other requirements for a restricted license under this section.(E) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.(3) The person installs a functioning, certified ignition interlock device on any vehicle that they operate and submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.(4) The person agrees to maintain the functioning, certified ignition interlock device as required under Section 13352.4.(5) The person was 21 years of age or older at the time the offense occurred.(6) The person gives proof of financial responsibility, pursuant to subdivision (f).(7) The person pays all reissue fees and restriction fees required by the department.(b) The restriction under this section shall remain in effect for the remaining period of the original suspension period under Section 13353.3 and shall remain in effect until all reinstatement requirements of 13353.3 are satisfied.(c) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to this section, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device.(d) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (a).(e) If a person fails to comply with any of the requirements of this section, the period in which the person was not in compliance shall not be credited towards the term of the suspension pursuant to Section 13353.2.(f) (1) A person required to maintain proof of financial responsibility under this section shall maintain proof of financial responsibility, as defined in Section 16430, for three years.(2) If the person does not maintain that proof of financial responsibility at any time during the required time period, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.(3) If the person does not maintain that proof of financial responsibility at any time during the restriction, the department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under Section 13353.2. The restriction may be reinstated if the person provides satisfactory proof of financial responsibility as required under Section 16484 and meets all other requirement for a restricted license under this section.(g) (1) The department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under Section 13353.2 upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements.(2) The restriction may be reinstated if the person provides proof of enrollment in or completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code and meets all other requirement for a restricted license under this section.(3) The person may request a review of the finding that they have failed to comply with the program requirements to the Department of Health Care Services pursuant to subdivision (c) of Section 13352.2.(h) (1) The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this section, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device.(2) The restriction may not be reinstated until the person provides proof of compliance with paragraph (3) of subdivision (a) and meets all other requirement for a restricted license under this section.(i) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.(j) (1) If a person is required to operate a motor vehicle in the course and scope of their employment and if the vehicle is owned by the employer, the person may operate that vehicle without the installation of a functioning, certified approved ignition interlock device if the employer has been notified by the person that the person’s driving privilege has been suspended pursuant to Section 13352 and restricted pursuant to this section, and if the person has proof of that notification in their possession, or if the notice, or a facsimile copy thereof, is with the vehicle.(2) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to this Section, is not a motor vehicle owned by the employer subject to the exemption in paragraph (1).(k) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.(l) A person shall not receive credit toward the time required to maintain a restricted license under Section 13352 for any time their restricted license is revoked or terminated under this section.(m) For the purposes of this section, “vehicle” does not include a commercial vehicle, as defined in Section 15210. Any person subject to an ignition interlock device restriction shall not operate a commercial vehicle or any vehicle that requires a Class A or Class B license or a vehicle that requires an endorsement under Sections 12817 or 15278.(n) Notwithstanding subdivisions (a) and (b), and upon a conviction under Section 23152 or 23153 for a violation arising out of the same occurrence, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352 or 13354.(o) This section shall become operative on January 1, 2031.
SEC. 35.
Section 13353.7 of the Vehicle Code is amended to read:
13353.7.
(a) Subject to subdivision (c), if the person whose driving privilege has been suspended under Section 13353.2 has not been convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question and, if the person subsequently enrolls in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program and to and from and in the course of the person’s employment. After receiving proof of enrollment in the program, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review pursuant to Section 13557, suspend the person’s privilege to operate a motor vehicle for 30 days and then issue the person a restricted driver’s license under the following conditions:
(1) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.
(2) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352.
(c) If the driver was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C or class M driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a), except that the license may not allow travel to and from or in the course of the person’s employment.
(d) If the holder of a commercial driver’s license was operating a motor vehicle, other than a commercial vehicle as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C or class M driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a).
(e) This section does not apply to a person whose driving privilege has been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, or as a result of a conviction of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, when that violation occurred within 10 years of the offense in question. This subdivision shall be operative only so long as a one-year suspension of the driving privilege for a second or subsequent occurrence or offense, with no restricted or hardship licenses permitted, is required by Section 408 or 410 of Title 23 of the United States Code.
(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 14.SEC. 36.
Section 13353.75 of the Vehicle Code is amended to read:
13353.75.
(a) Subject to subdivision (d), a person whose driving privilege has been suspended under Section 13353.2, and who has been previously convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or whose privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question may apply to the department for a restricted driver’s license on or after the effective date specified in Section 13353.3, if the person meets all of the following requirements:
(1) (A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
(B) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.
(C) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall immediately terminate the restriction and reinstate the suspension of the privilege to operate a motor vehicle. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person.
(D) For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
(2) (A) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility, as defined in Section 16430.
(B) If the driving privilege is restricted under this section, proof of financial responsibility, as described in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required pursuant to Section 16484 is received by the department.
(3) The person installs a functioning, certified ignition interlock device on any vehicle that the person operates and submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(4) The person agrees to maintain the functioning, certified ignition interlock device as required under subdivision (g).
(5) The person pays all applicable reinstatement or reissue fees.
(b) The restriction shall remain in effect for the remaining period of the original suspension period under Section 13353.3.
(c) Notwithstanding subdivisions (a) and (b), and upon a conviction under Section 23152 or 23153 for the current offense, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352 or 13352.1.
(d) (1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to Section 13353.2 is not eligible for the restricted driver’s license authorized under this section.
(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a).
(e) The department shall terminate the restriction issued pursuant to this section and shall immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification from the ignition interlock device installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain suspended for the remaining mandatory suspension period imposed pursuant to Section 13353.3. However, if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(f) Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2, who is eligible for a restricted driver’s license as provided for in this section, and who installs a functioning, certified ignition interlock device pursuant to this section, shall receive credit toward the mandatory term the person is required to install a functioning, certified ignition interlock device pursuant to Section 23575.3 for a conviction of a violation arising out of the same occurrence that led to the person’s driving privilege being suspended pursuant to Section 13352 or 13352.1 equal to the period of time the person installs a functioning, certified ignition interlock device pursuant to this section or Section 13353.75.
(g) A person whose driving privilege is restricted by the department pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(h) For the purposes of this section, the following definitions apply:
(1) “Bypass” means either of the following:
(A) Failure to take any random retest.
(B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.
(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.
(4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(5) “Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(i) The restriction conditions specified in this section shall apply only to a person who is suspended under Section 13353.2 for a violation that occurred on or after January 1, 2019.
(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 37.
Section 13354 is added to the Vehicle Code, to read:
13354. (a) The department shall immediately suspend the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of subdivision (c) or (f) of Section 23152 or a violation of subdivision (f) of Section 23153, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of subdivision (c) or (f) of Section 23152 or subdivision (f) of Section 23153. If an offense specified in this section occurs in a vehicle, as defined in Section 15210, the suspension specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, the suspension shall be as follows:(1) Upon a conviction or finding of a violation of subdivision (c) or (f) of Section 23152 punishable under Section 23536, the privilege shall be suspended for 6 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department pursuant to subdivision (f).(B) The person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538.(C) The person pays all reinstatement and reissue fees required by the department.(2) Upon a conviction or finding of a violation of subdivision (f) of Section 23153 punishable under Section 23554, the privilege shall be suspended for 12 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department pursuant to subdivision (f).(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23556, the department shall require that program in lieu of the program described in Section 23556.(C) The person pays all reinstatement and reissue fees required by the department.(3) Upon a conviction or finding of a violation of subdivision (c) or (f) of Section 23152 punishable under Section 23540, the privilege shall be suspended for 24 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department pursuant to subdivision (f).(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542.(i) The person shall enroll in and complete an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person's county of residence or employment.(ii) The person shall enroll in and complete a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if available in the county of the person's residence or employment.(C) The person pays all reinstatement and reissue fees required by the department.(4) Upon a conviction or finding of a violation of subdivision (f) of Section 23153 punishable under Section 23560, the privilege shall be suspended for a period of 36 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department pursuant to subdivision (i).(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562.(i) The person shall enroll in and complete an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person's county of residence or employment.(ii) The person shall enroll in and complete a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if available in the county of the person's residence or employment.(C) The person pays all reinstatement and reissue fees required by the department.(5) Upon a conviction or finding of a violation of subdivision (c) or (f) of Section 23152 punishable under Section 23546, the privilege shall be suspended for a period of 36 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department pursuant to subdivision (f).(B) The person provides proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548.(i) The person shall enroll in and complete an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person's county of residence or employment.(ii) The person shall enroll in and complete a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment.(iii) The person may enroll in a program specified in Section 8001 of the Penal Code, as an alternative to the programs specified in paragraph (i) or (ii) of this subdivision.(C) The person pays all reinstatement and reissue fees required by the department.(6) Upon a conviction or finding of a violation of subdivision (f) of Section 23153 punishable under 23566, the privilege shall be suspended for a period of 48 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department, pursuant to subdivision (f).(B) The person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568.(i) The person shall enroll in and complete an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person's county of residence or employment.(ii) The person shall enroll in and complete a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment.(iii) The person may enroll in a program specified in Section 8001 of the Penal Code as an alternative to the programs specified in clause (i) or (ii).(C) The person pays all reinstatement and reissue fees required by the department.(7) Upon a conviction or finding of a violation of subdivision (c) or (f) of Section 23152 or of a violation of subdivision (f) of Section 23153, and the offense occurred within 10 years of 3 or more separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in a conviction, the privilege shall be suspended for a period of 60 months. The privilege shall not be reinstated until the person satisfies all the following requirements:(A) The person provides proof of financial responsibility to the department pursuant to subdivision (f).(B) The person provides proof satisfactory to the department of successful completion of driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.(i) The person shall enroll in and complete an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person's county of residence or employment.(ii) The person shall enroll in and complete a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment.(iii) The person may enroll in a program specified in Section 8001 of the Penal Code, as an alternative to the programs specified in paragraph (i) or (ii) of this subdivision.(C) The person pays all reinstatement and reissue fees required by the department.(b) For the purposes of paragraphs (1) to (7), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.(c) A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.(d) (1) For the purposes of this section, completion of a program includes both of the following:(A) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.(B) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.(2) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.(e) The department, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (a), shall inform the convicted person of the requirements of this section and of their eligibility to apply for a restricted license pursuant to Section 13354.4.(f) (1) Whenever the driving privilege is suspended under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years.(2) If the person does not maintain that proof of financial responsibility at any time during the required time period, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.(3) Any time the person’s driving privilege is suspended shall not count toward the time period the person is required to maintain proof of financial responsibility.(g) The person shall not receive credit toward the time required to maintain a restricted license pursuant to Section 13352 for time they are suspended under this section.(h) This section shall become operative on January 1, 2031.
SEC. 38.
Section 13354.4 is added to the Vehicle Code, to read:
13354.4. (a) A person whose driving privilege was suspended under Section 13354 may apply for a restricted driver’s license, if all of the following requirements have been met:(1) For a person suspended under paragraph (1) of subdivision (a) of Section 13354:(A) The person submits proof of financial responsibility pursuant to subdivision (f) of Section 13354.(B) The person submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.(C) The person completes not less than 3 months of the suspension period imposed under paragraph (1) of subdivision (a) of Section 13354.(D) The person pays all applicable reinstatement and reissue fees and any restriction fee required by the department.(2) For a person suspended under paragraph (2) of subdivision (a) of Section 13354:(A) The person submits proof of financial responsibility pursuant to subdivision (f) of Section 13354.(B) The person submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23542 has been received in the department’s headquarters.(C) The person completes not less than 6 months of the suspension period imposed under paragraph (2) of subdivision (a) of Section 13354.(D) The person pays all applicable reinstatement and reissue fees and any restriction fee required by the department.(3) For a person suspended under paragraphs (3) through (7), inclusive, of subdivision (a) of Section 13354:(A) The person submits proof of financial responsibility pursuant to subdivision (f) of Section 13354.(B) The person submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code or Section 8001 of the Penal Code.(i) For purposes of this paragraph, satisfactory proof of enrollment means the person provides, subsequent to the violation date of the current underlying conviction, either of the following:(I) Proof of completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in this section.(II) Proof of completion of the initial 18 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in this Section.(ii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).(C) The person completes not less than 12 months of the suspension period imposed under paragraphs (3) through (7), inclusive, of subdivision (a) of Section 13354.(D) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.(b) The restriction of the driving privilege shall become effective when the department receives proof the person meets all the requirements and pays all applicable fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under subdivision (a) of Section 13354, or until the date all reinstatement requirements described in Section 13354 have been met, whichever date is later.(c) The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required by a driving-under-the-influence program.(d) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to this section, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only during the course of employment and driving to and from activities required by a driving-under-the-influence program.(e) (1) The department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under subdivision (a) of Section 13354 upon receipt of notification from a driving-under-the-influence program that the person has failed to comply with program requirements. The driving privilege shall be suspended until the person provides proof of enrollment in or completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.(2) The restriction may be reinstated if the person provides proof of enrollment in or completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code and meets all other requirement for a restricted license under this section.(3) The person may request a review of the finding that they have failed to comply with the program requirements to the Department of Health Care Services pursuant to subdivision (d) of Section 13352.2.(f) For the purposes of this section, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.(g) If, upon conviction, the court has made the determination, pursuant to Chapter 2 (commencing with Section 23530) of Division 11.5, to disallow the issuance of a restricted driver’s license, the department shall not issue a restricted driver’s license under this section.(h) This section shall become operative on January 1, 2031.
SEC. 39.
Section 13356 is added to the Vehicle Code, to read:
13356. (a) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the person’s driving privilege shall be suspended for a period of 90 days to six months, if ordered by the court.(b) Upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the person’s driving privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.(c) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court.(d) If the court orders the person’s driving privilege to be suspended under this section, the clerk of the court shall prepare and forward an abstract indicating the conviction and court’s order pursuant to Section 1803.(e) (1) Whenever a person’s driving privilege is suspended under this section, the privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.(2) Proof of financial responsibility shall be maintained for three years.(3) If the person does not maintain that proof of financial responsibility at any time during the required time period, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.(4) If the person does not maintain that proof of financial responsibility at any time during the restriction, the department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under this section. The restriction may be reinstated if the person provides satisfactory proof of financial responsibility as required under Section 16484 and meets all other requirements for a restricted license under this section.(f) This section shall become operative on January 1, 2031.
SEC. 15.SEC. 40.
Section 13386 of the Vehicle Code, as amended by Section 15 of Chapter 689 of the Statutes of 2025, is amended to read:
13386.
(a) (1) The department shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.
(2) (A) The department shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.
(B) The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:
(i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations.
(ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive, or the model specifications for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, inclusive.
(C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.
(b) (1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.
(2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.
(c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.
(d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturer’s agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.
(e) A model of ignition interlock device shall not be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration.
(f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the department, who intend to market the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the reasonable costs incurred by the department in carrying out this section.
(g) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:
(1) An “Option to Install,” to be sent by the department to all offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of a functioning, certified ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.
(2) A “Verification of Installation” to be returned to the department by the offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer’s agent.
(3) A “Notice of Noncompliance” and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at 60 days to maximize monitoring checks for equipment tampering.
(h) The department shall develop rules under which every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturer’s standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturer’s device, and shall develop a form to be signed by an authorized representative of the manufacturer pursuant to which the manufacturer agrees to provide functioning, certified ignition interlock devices to applicants at the costs described in subdivision (k) of Section 23575.3. The form shall contain an acknowledgment that the failure of the manufacturer, its agents, or authorized installers to comply with subdivision (k) of Section 23575.3 shall result in suspension or revocation of the department’s approval for the manufacturer to market ignition interlock devices in this state.
(i) A person who manufactures, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required by law to install a functioning, certified ignition interlock device on a vehicle that the individual operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 16.Section 13386 of the Vehicle Code, as amended by Section 16 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 41.
Section 13386 of the Vehicle Code, as amended by Section 16 of Chapter 689 of the Statutes of 2025, is amended to read:
13386.
(a) (1) The department shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 Section 13352 and publish a list of approved devices.
(2) (A) The department shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.
(B) The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:
(i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations.
(ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive, or the Model Specifications for Breath Alcohol Ignition Interlock Devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 25489 to 26867, inclusive.
(C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.
(b) (1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.
(2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.
(c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.
(d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturer’s agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.
(e) A model of ignition interlock device shall not be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration.
(f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the department, who intend to sell market the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the reasonable costs incurred by the department in carrying out this section.
(g) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:
(1) An “Option to Install,” to be sent by the department to repeat all offenders along with the mandatory order of suspension or revocation. suspension. This shall include the alternatives available for early license reinstatement with the installation of an a functioning, certified ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.
(2) A “Verification of Installation” to be returned to the department by the reinstating offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer’s agent.
(3) A “Notice of Noncompliance” and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at 60 days to maximize monitoring checks for equipment tampering.
(h) The department shall develop rules under which every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall provide a fee schedule to the department of the manufacturer’s standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturer’s device, and shall develop a form to be signed by an authorized representative of the manufacturer pursuant to which the manufacturer agrees to provide functioning, certified ignition interlock devices to applicants at the costs described in subdivision (i). The form shall contain an acknowledgment that the failure of the manufacturer, its agents, or authorized installers to comply with subdivision (i) shall result in suspension or revocation of the department’s approval for the manufacturer to market ignition interlock devices in this state.
(h)Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall adopt fee schedules that provide for the payment of the costs of the device by applicants in amounts commensurate with the applicant’s ability to pay.
(i) (1) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device, the administration of the program, installation of the device, service, maintenance, and recalibration of the device as required by Section 13352.4, and any other costs associated with the device by persons subject to Section 13352.4 in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:(A) A person with an income at 125 percent of the federal poverty level or below is responsible for 10 percent of the costs identified in paragraph (1). The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.(B) A person with an income at 126 to 225 percent, inclusive, of the federal poverty level is responsible for 25 percent of the costs identified in paragraph (1). The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.(C) A person with an income at 226 to 325 percent, inclusive, of the federal poverty level is responsible for 50 percent of the costs identified in paragraph (1). The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.(D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer, manufacturer’s agent, or authorized installer is responsible for 50 percent of the costs identified in paragraph (1) and any additional costs accrued by the person for noncompliance with program requirements.(E) A person with an income at 326 to 425 percent, inclusive, of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of costs identified in paragraph (1) and any additional costs accrued by the person for noncompliance with program requirements.(F) All other persons are responsible for 100 percent of the costs identified in paragraph (1).(G) The manufacturer is responsible for the percentage of costs that the person ordered to install an ignition interlock device is not responsible for pursuant to subparagraphs (A) to (E), inclusive.(2) The ignition interlock device provider shall verify the income of the person ordered to install an ignition interlock device to determine the costs identified in paragraph (1) by verifying any of the following documents from the person:(A) The previous year’s state or federal income tax return.(B) The previous three months of weekly or monthly income statements.(C) Employment Development Department verification of unemployment benefits.(3) At any point, during which a device is installed and in use, an individual shall be permitted to apply for reduced costs and shall be credited for any previously paid costs that were in excess of the fee schedule set forth in this subdivision. An individual shall also be permitted to apply for reduced costs based on a change of income.(4) (A) The ignition interlock device provider shall post conspicuously on its internet website and contracts the information set forth in this subdivision. Prior to an individual’s execution of a contract for an ignition interlock device, the provider shall also give verbal notification of the fee schedule and how to apply for reduced costs.(B) Installation service and repair providers shall post conspicuously in their place of business and verbally inform a person of the information set forth in this subdivision prior to installation and servicing of the device.(C) A copy of this information set forth in this subdivision shall also be provided to an individual together with the court order requiring the installation of an ignition interlock device.(D) The department shall post the information set forth in this subdivision on its internet website. The department shall also include the information included in this subdivision in any notice of suspension that notifies an individual of the requirement to install an ignition interlock device.(j) The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to Section 13352 of the provisions of this subdivision, or who fails to comply with the provisions of this subdivision.
(i)
(k) A person who manufactures, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required by law to install an ignition interlock device on a vehicle that the individual owns or operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements.
(j)
(l) This section shall become operative January 1, 2033. 2031.
SEC. 17.Section 13390 of the Vehicle Code is amended to read:
13390.
A temporary license issued pursuant to Section 13382 or 13389 shall contain a notice that the person may be able to regain driving privileges with the installation of an ignition interlock device, that financial assistance may be available for that purpose, and a contact for obtaining more information regarding the ignition interlock program.
SEC. 42.
Section 13557 of the Vehicle Code is amended to read:
13557.
(a) The department shall review the determination made pursuant to Section 13353, 13353.1, or 13353.2 relating to a person who has received a notice of an order of suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13382, or 23612,. The department shall consider the sworn report submitted by the peace officer pursuant to Section 23612 or 13380 and any other evidence accompanying the report.
(b) (1) If the department determines in the review of a determination made under Section 13353 or 13353.1, by a preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation:
(A) The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.
(B) The person was placed under arrest or, if the alleged violation was of Section 23136, that the person was lawfully detained.
(C) The person refused or failed to complete the chemical test or tests after being requested by a peace officer.
(D) Except for the persons described in Section 23612 who are incapable of refusing, the person had been told that his or her their privilege to operate a motor vehicle would be suspended or revoked if he or she they refused to submit to, and complete, the required testing.
(2) If the department determines, by a preponderance of the evidence, that any of the facts required under paragraph (1) were not proven, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person’s driver’s license pursuant to Section 13551. The determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.
(3) If the department determines in the review of a determination made under Section 13353.2, by the preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation, or if the person is under 21 years of age and does not yet have a driver’s license, the department shall delay issuance of that license for one year:
(A) The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.
(B) The person was placed under arrest or, if the alleged violation was of Section 23136, the person was lawfully detained.
(C) The person was driving a motor vehicle under any of the following circumstances:
(i) When the person had 0.08 percent or more, by weight, of alcohol in his or her their blood.
(ii) When the person was under 21 years of age and had 0.05 percent or more, by weight, of alcohol in his or her their blood.
(iii) When the person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.
(iv) When the person was driving a vehicle that requires a commercial driver’s license and the person had 0.04 percent or more, by weight, of alcohol in his or her their blood.
(v) When the person was on probation for a violation of Section 23152 or 23153 and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(4) If the department determines that any of those facts required under paragraph (3) were not proven by the preponderance of the evidence, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person’s driver’s license pursuant to Section 13551. For persons under 21 years of age, the determination of the department pursuant to paragraph (3) is final unless a hearing is requested within 10 days of the determination, which hearing shall be conducted according to Section 13558. For persons over 21 years of age, the determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.
(c) The department shall make the determination upon administrative review before the effective date of the order of suspension or revocation.
(d) The administrative review does not stay the suspension or revocation of a person’s privilege to operate a motor vehicle. If the department is unable to make a determination on administrative review within the time limit in subdivision (c), the department shall stay the effective date of the order of suspension or revocation pending the determination and, if the person’s driver’s license has been taken by the peace officer pursuant to Section 13382, 13388, 13389, or 23612, the department shall notify the person before the expiration date of the temporary permit issued pursuant to Section 13382, 13388, 13389, or 23612, or the expiration date of any previous extension issued pursuant to this subdivision, in a form that permits the person to establish to any peace officer that his or her their privilege to operate a motor vehicle is not suspended or revoked.
(e) A person may request and be granted a hearing pursuant to Section 13558 without first receiving the results of an administrative review pursuant to this section. After receiving a request for a hearing, the department is not required to conduct an administrative review of the same matter pursuant to this section.
(f) A determination of facts by the department under this section has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.
(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 43.
Section 13557 is added to the Vehicle Code, to read:
13557. (a) The department shall review the determination made pursuant to Section 13353, 13353.1, or 13353.2 relating to a person who has received a notice of an order of suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13382, or 23612. The department shall consider the sworn report, any other information submitted pursuant to Section 23612 or 13380, and any other evidence provided by law enforcement.(b) (1) If the department determines in the review of a determination made under Section 13353 or 13353.1, by a preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation:(A) The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.(B) The person was placed under arrest or, if the alleged violation was of Section 23136, that the person was lawfully detained.(C) The person refused or failed to complete the chemical test or tests after being requested by a peace officer.(D) Except for the persons described in Section 23612 who are incapable of refusing, the person had been told that their privilege to operate a motor vehicle would be suspended or revoked if they refused to submit to, and complete, the required testing.(2) If the department determines, by a preponderance of the evidence, that any of the facts required under paragraph (1) were not proven, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person's driver's license pursuant to Section 13551. The determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.(3) If the department determines in the review of a determination made under Section 13353.2, by the preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation or delay the driving privilege as required.(A) The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.(B) The person was placed under arrest or, if the alleged violation was of Section 23136, the person was lawfully detained.(C) The person was driving a motor vehicle under any of the following circumstances:(i) When the person had 0.08 percent or more, by weight, of alcohol in their blood.(ii) When the person was under 21 years of age and had 0.05 percent or more, by weight, of alcohol in their blood.(iii) When the person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.(iv) When the person was driving a vehicle that requires a commercial driver's license and the person had 0.04 percent or more, by weight, of alcohol in their blood.(v) When the person was on probation for a violation of Section 23152 or 23153 and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.(vi) The person was driving a motor vehicle when a passenger for hire was a passenger in the vehicle when the person had 0.04 percent or more, by weight, of alcohol in their blood. For purposes of this subdivision, “passenger for hire” is defined as a passenger for hire pursuant to subdivision (e) of Section 23152.(4) If the department determines that any of those facts required under paragraph (3) were not proven by the preponderance of the evidence, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person's driver's license pursuant to Section 13551. For persons under 21 years of age, the determination of the department pursuant to paragraph (3) is final unless a hearing is requested within 10 days of the determination, which hearing shall be conducted according to Section 13558. For persons over 21 years of age, the determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.(c) The department shall make the determination upon administrative review before the effective date of the order of suspension or revocation.(d) The administrative review does not stay the suspension or revocation of a person’s privilege to operate a motor vehicle. If the department is unable to make a determination on administrative review within the time limit in subdivision (c), the department shall stay the effective date of the order of suspension or revocation pending the determination and, if the person’s driver’s license has been taken by the peace officer pursuant to Section 13382, 13388, 13389, or 23612, the department shall notify the person before the expiration date of the temporary permit issued pursuant to Section 13382, 13388, 13389, or 23612, or the expiration date of any previous extension issued pursuant to this subdivision, in a form that permits the person to establish to any peace officer that their privilege to operate a motor vehicle is not suspended or revoked.(e) A person may request and be granted a hearing pursuant to Section 13558 without first receiving the results of an administrative review pursuant to this section. After receiving a request for a hearing, the department is not required to conduct an administrative review of the same matter pursuant to this section.(f) A determination of facts by the department under this section has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.(g) This section shall become operative on January 1, 2031.
SEC. 44.
Section 13954 of the Vehicle Code is amended to read:
13954.
(a) Notwithstanding any other provision of this code, the department immediately shall suspend or revoke the driving privilege of a person who the department has reasonable cause to believe was in some manner involved in a crash while operating a motor vehicle under the following circumstances at the time of the crash:
(1) The person had 0.08 percent or more, by weight, of alcohol in their blood.
(2) They proximately caused the crash as a result of an act prohibited, or the neglect of any duty imposed, by law.
(3) The crash occurred within five years of the date of a violation of subdivision (b) of Section 191.5 of the Penal Code that resulted in a conviction.
(b) If a crash described in subdivision (a) does not result in a conviction or finding of a violation of Section 23152 or 23153, the department shall suspend the driving privilege under this section for one year from the date of commencement of the original suspension. After the one-year suspension period, the driving privilege may be reinstated if evidence establishes to the satisfaction of the department that no grounds exist that would authorize the refusal to issue a license and that reinstatement of the driving privilege would not jeopardize the safety of the person or other persons upon the highways, and if the person gives proof of financial responsibility, as defined in Section 16430.
(c) If a crash described in subdivision (a) does result in a conviction or finding of a violation of Section 23152 or 23153, the department shall revoke the driving privilege under this section for three years from the date of commencement of the original revocation. After the three-year revocation period, the driving privilege may be reinstated if evidence establishes to the satisfaction of the department that no grounds exist that would authorize the refusal to issue a license and that reinstatement of the driving privilege would not jeopardize the safety of the person or other persons upon the highways, and if the person gives proof of financial responsibility.
(d) Any revocation action under subdivision (c) shall be imposed as follows:
(1) If the crash results in a first conviction of a violation of Section 23152 or 23153, or if the person was convicted of a separate violation of Section 23152 or 23153 that occurred within five years of the crash, the period of revocation under subdivision (c) shall be concurrent with any period of restriction, suspension, or revocation imposed under Section 13352, 13352.4, or 13352.5.
(2) If the person was convicted of two or more separate violations of Section 23152 or 23153, or both, that occurred within five years of the crash, the period of revocation under subdivision (c) shall be cumulative and shall be imposed consecutively with any period of restriction, suspension, or revocation imposed under Section 13352 or 13352.5.
(e) The department immediately shall notify the person in writing of the action taken and, upon the person’s request in writing and within 15 days from the date of receipt of that request, shall grant the person an opportunity for a hearing in the same manner and under the same conditions as provided in Article 3 (commencing with Section 14100) of Chapter 3, except as otherwise provided in this section. For purposes of this section, the scope of the hearing shall cover the following issues:
(1) Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23152 or 23153.
(2) Whether the person had been placed under lawful arrest.
(3) Whether a chemical test of the person’s blood, breath, or urine indicated that the blood-alcohol level was 0.08 percent or more, by weight, at the time of testing.
If the department determines, upon a hearing of the matter, that the person had not been placed under lawful arrest, or that a chemical test of the person’s blood, breath, or urine did not indicate a blood-alcohol level of 0.08 percent or more, by weight, at the time of testing, the suspension or revocation shall be terminated immediately.
(f) This section applies if the crash occurred on or after January 1, 1990, without regard for the dates of the violations referred to in subdivisions (a) and (d).
(g) Notwithstanding subdivision (f), if a person’s privilege to operate a motor vehicle is required to be suspended or revoked pursuant to this section as it read before January 1, 1990, as a result of a crash that occurred before January 1, 1990, the privilege shall be suspended or revoked pursuant to this section as it read before January 1, 1990.
(h) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 45.
Section 13954 is added to the Vehicle Code, to read:
13954. (a) Notwithstanding any other provision of this code, the department immediately shall suspend or revoke the driving privilege of a person who the department has reasonable cause to believe was in some manner involved in a crash while operating a motor vehicle under the following circumstances at the time of the crash:(1) The person had 0.08 percent or more, by weight, of alcohol in their blood.(2) The person proximately caused the crash as a result of an act prohibited, or the neglect of any duty imposed, by law.(3) The crash occurred within five years of the date of a violation of subdivision (b) of Section 191.5 of the Penal Code that resulted in a conviction.(b) If a crash described in subdivision (a) does not result in a conviction or finding of a violation of Section 23152 or 23153, the department shall suspend the driving privilege under this section for one year from the date of commencement of the original suspension. After the one-year suspension period, the driving privilege may be reinstated if evidence establishes to the satisfaction of the department that no grounds exist that would authorize the refusal to issue a license and that reinstatement of the driving privilege would not jeopardize the safety of the person or other persons upon the highways, and if the person gives proof of financial responsibility, as defined in Section 16430.(c) If a crash described in subdivision (a) does result in a conviction or finding of a violation of Section 23152 or 23153, the department shall revoke the driving privilege under this section for three years from the date of commencement of the original revocation. After the three-year revocation period, the driving privilege may be reinstated if evidence establishes to the satisfaction of the department that no grounds exist that would authorize the refusal to issue a license and that reinstatement of the driving privilege would not jeopardize the safety of the person or other persons upon the highways, and if the person gives proof of financial responsibility.(d) Any revocation action under subdivision (c) shall be imposed as follows:(1) If the crash results in a first conviction of a violation of Section 23152 or 23153, or if the person was convicted of a separate violation of Section 23152 or 23153 that occurred within five years of the crash, the period of revocation under subdivision (c) shall be concurrent with any period of restriction, suspension, or revocation imposed under Section 13352, 13352.4, 13354, or 13354.4.(2) If the person was convicted of two or more separate violations of Section 23152 or 23153, or both, that occurred within five years of the crash, the period of revocation under subdivision (c) shall be cumulative and shall be imposed consecutively with any period of restriction, suspension, or revocation imposed under Section 13352 or 13354.(e) (1) The department immediately shall notify the person in writing of the action taken and, upon the person’s request in writing and within 15 days from the date of receipt of that request, shall grant the person an opportunity for a hearing in the same manner and under the same conditions as provided in Article 3 (commencing with Section 14100) of Chapter 3, except as otherwise provided in this section. For purposes of this section, the scope of the hearing shall cover the following issues:(A) Whether the peace officer had reasonable cause to believe the person had been driving a motor vehicle in violation of Section 23152 or 23153.(B) Whether the person had been placed under lawful arrest.(C) Whether a chemical test of the person’s blood, breath, or urine indicated that the blood-alcohol level was 0.08 percent or more, by weight, at the time of testing.(2) If the department determines, upon a hearing of the matter, that the person had not been placed under lawful arrest, or that a chemical test of the person’s blood, breath, or urine did not indicate a blood-alcohol level of 0.08 percent or more, by weight, at the time of testing, the suspension or revocation shall be terminated immediately.(f) This section applies if the crash occurred on or after January 1, 1990, without regard for the dates of the violations referred to in subdivisions (a) and (d).(g) Notwithstanding subdivision (f), if a person’s privilege to operate a motor vehicle is required to be suspended or revoked pursuant to this section as it read before January 1, 1990, as a result of a crash that occurred before January 1, 1990, the privilege shall be suspended or revoked pursuant to this section as it read before January 1, 1990.(h) (1) Whenever the driving privilege is suspended or revoked under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years.(2) If the person does not maintain that proof of financial responsibility at any time during the required time period, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.(3) If the person does not maintain that proof of financial responsibility at any time during the restriction, the department shall terminate the restriction imposed pursuant to this section and shall suspend the privilege to drive under subdivision (a) of Section 13594. The restriction may be reinstated if the person provides satisfactory proof of financial responsibility as required under Section 16484 and meets all other requirement for a restricted license under this section.(i) This section shall become operative on January 1, 2031.
SEC. 46.
Section 14602.6 of the Vehicle Code is amended to read:
14602.6.
(a) (1) Whenever a peace officer determines that a person was driving a vehicle while his or her their driving privilege was suspended or revoked, driving a vehicle while his or her their driving privilege is restricted pursuant to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver’s license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days’ impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a registered owner to request a hearing. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for nonemergency business.
(b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of, or consider any mitigating circumstances attendant to, the storage, in accordance with Section 22852.
(c) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the registered owner or his or her their agent prior to the end of 30 days’ impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment, including a parking service or repair garage.
(C) When the license of the driver was suspended or revoked for an offense other than those included in Article 2 (commencing with Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her their driver’s license or acquires a driver’s license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision without presentation of the registered owner’s or agent’s currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or upon order of a court.
(e) The registered owner or his or her their agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of 30 days’ impoundment if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner’s agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C) A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3) The legal owner or the legal owner’s agent presents a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following, as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
No administrative costs authorized under subdivision (a) of Section 22850.5 shall be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is they are required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent.
(4) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner’s agent that obtains release of the vehicle pursuant to subdivision (f) shall not release the vehicle to the registered owner of the vehicle, or the person who was listed as the registered owner when the vehicle was impounded, or any agents of the registered owner, unless the registered owner is a rental car agency, until after the termination of the 30-day impoundment period.
(2) The legal owner or the legal owner’s agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owner’s agent presents his or her their valid driver’s license or valid temporary driver’s license to the legal owner or the legal owner’s agent. The legal owner or the legal owner’s agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license presented is valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law.
(5) The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall be released to a rental car agency prior to the end of 30 days’ impoundment if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency may not rent another vehicle to the driver of the vehicle that was seized until 30 days after the date that the vehicle was seized.
(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized under Section 22850.5, and any parking fines, penalties, and administrative fees incurred by the registered owner.
(j) (1) The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owner’s agent provided the release complies with the provisions of this section. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
(2) (A) The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensed repossessor or licensed repossession agency, and from any damage to the collateral after its release, including reasonable attorney’s fees and costs associated with defending a claim, if the collateral was released in compliance with this section.
(B) This subdivision shall apply only when collateral is released to a licensed repossessor, licensed repossession agency, or its officers or employees pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code.
(k) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 47.
Section 14602.6 is added to the Vehicle Code, to read:
14602.6. (a) (1) Whenever a peace officer determines that a person was driving a vehicle while their driving privilege was suspended or revoked, driving a vehicle while their driving privilege is restricted pursuant to Section 13352.4 or former Section 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver’s license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days.(2) The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days’ impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a registered owner to request a hearing. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for nonemergency business.(b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of, or consider any mitigating circumstances attendant to, the storage, in accordance with Section 22852.(c) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (a) of Section 14602.5.(d) (1) An impounding agency shall release a vehicle to the registered owner or their agent prior to the end of 30 days’ impoundment under any of the following circumstances:(A) When the vehicle is a stolen vehicle.(B) When the vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment, including a parking service or repair garage.(C) When the license of the driver was suspended or revoked for an offense other than those included in Article 2 (commencing with Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with Section 13350) of Chapter 2 of Division 6.(D) When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.(E) When the driver reinstates their driver’s license or acquires a driver’s license and proper insurance.(2) No vehicle shall be released pursuant to this subdivision without presentation of the registered owner’s or agent’s currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or upon order of a court.(e) The registered owner or their agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.(f) A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of 30 days’ impoundment if all of the following conditions are met:(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.(2) (A) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner’s agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.(B) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.(C) A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500).(D) A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.(E) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.(3) The legal owner or the legal owner’s agent presents a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following, as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.No administrative costs authorized under subdivision (a) of Section 22850.5 shall be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The legal owner or the legal owner’s agent shall be given a copy of any documents they are required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent.(4) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied.(g) (1) A legal owner or the legal owner’s agent that obtains release of the vehicle pursuant to subdivision (f) shall not release the vehicle to the registered owner of the vehicle, or the person who was listed as the registered owner when the vehicle was impounded, or any agents of the registered owner, unless the registered owner is a rental car agency, until after the termination of the 30-day impoundment period.(2) The legal owner or the legal owner’s agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owner’s agent presents their valid driver’s license or valid temporary driver’s license to the legal owner or the legal owner’s agent. The legal owner or the legal owner’s agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the license presented is valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.(3) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining custody of the vehicle.(4) Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law.(5) The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.(h) (1) A vehicle removed and seized under subdivision (a) shall be released to a rental car agency prior to the end of 30 days’ impoundment if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure of the vehicle.(2) The owner of a rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency may not rent another vehicle to the driver of the vehicle that was seized until 30 days after the date that the vehicle was seized.(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining custody of the vehicle.(i) Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment, any administrative charges authorized under Section 22850.5, and any parking fines, penalties, and administrative fees incurred by the registered owner.(j) (1) The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owner’s agent provided the release complies with the provisions of this section. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.(2) (A) The legal owner of collateral shall, by operation of law and without requiring further action, indemnify and hold harmless a law enforcement agency, city, county, city and county, the state, a tow yard, storage facility, or an impounding yard from a claim arising out of the release of the collateral to a licensed repossessor or licensed repossession agency, and from any damage to the collateral after its release, including reasonable attorney’s fees and costs associated with defending a claim, if the collateral was released in compliance with this section.(B) This subdivision shall apply only when collateral is released to a licensed repossessor, licensed repossession agency, or its officers or employees pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. (k) This section shall become operative on January 1, 2031.
SEC. 48.
Section 15300 of the Vehicle Code is amended to read:
15300.
(a) A driver shall not operate a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of any of the following:
(1) Subdivision (a), (b), or (c) of Section 23152 while operating a motor vehicle.
(2) Subdivision (d) of Section 23152.
(3) Subdivision (a) or (b) of Section 23153 while operating a motor vehicle.
(4) Subdivision (d) of Section 23153.
(5) Leaving the scene of an accident involving a motor vehicle operated by the driver.
(6) Using a motor vehicle to commit a felony, other than a felony described in Section 15304.
(7) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle.
(8) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code.
(9) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612.
(10) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.
(b) If a violation listed in subdivision (a), or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or 13357, occurred while transporting a hazardous material, the period specified in subdivision (a) shall be three years.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 49.
Section 15300 is added to the Vehicle Code, to read:
15300. (a) A driver shall not operate a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of any of the following:(1) Subdivision (a), (b), or (c) of Section 23152 while operating a motor vehicle.(2) Subdivision (d) of Section 23152.(3) Subdivision (a) or (b) of Section 23153 while operating a motor vehicle.(4) Subdivision (d) of Section 23153.(5) Leaving the scene of an accident involving a motor vehicle operated by the driver.(6) Using a motor vehicle to commit a felony, other than a felony described in Section 15304.(7) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle.(8) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code.(9) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612.(10) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.(b) If a violation listed in subdivision (a), paragraph (2) of subdivision (a) of Section 13350, or Section 13352, 13354, or 13357 occurred while transporting a hazardous material, the period specified in subdivision (a) shall be three years. (c) This section shall become operative on January 1, 2031.
SEC. 50.
Section 15302 of the Vehicle Code is amended to read:
15302.
A driver shall not operate a commercial motor vehicle for the rest of his or her their life if convicted of more than one violation of any of the following:
(a) Subdivision (a), (b), or (c) of Section 23152 while operating a motor vehicle.
(b) Subdivision (d) of Section 23152.
(c) Subdivision (a) or (b) of Section 23153 while operating a motor vehicle.
(d) Subdivision (d) of Section 23153.
(e) Leaving the scene of an accident involving a motor vehicle operated by the driver.
(f) Using a motor vehicle to commit a felony, other than a felony described in Section 15304.
(g) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle.
(h) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or in subdivision (c) of Section 192 of the Penal Code.
(i) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612.
(j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.
(k) Any combination of the above violations or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or 13357 that occurred while transporting a hazardous material.
(l) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 51.
Section 15302 is added to the Vehicle Code, to read:
15302. A driver shall not operate a commercial motor vehicle for the rest of their life if convicted of more than one violation of any of the following:(a) Subdivision (a), (b), or (c) of Section 23152 while operating a motor vehicle.(b) Subdivision (d) of Section 23152.(c) Subdivision (a) or (b) of Section 23153 while operating a motor vehicle.(d) Subdivision (d) of Section 23153.(e) Leaving the scene of an accident involving a motor vehicle operated by the driver.(f) Using a motor vehicle to commit a felony, other than a felony described in Section 15304.(g) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle.(h) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or in subdivision (c) of Section 192 of the Penal Code.(i) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612.(j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.(k) Any combination of the above violations or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352, 13354, or 13357 that occurred while transporting a hazardous material.(l) This section shall become operative on January 1, 2031.
SEC. 52.
Section 16431 of the Vehicle Code is amended to read:
16431.
(a) Proof of financial responsibility may be given by the written certificate or certificates of any insurance carrier duly authorized to do business within the state, that it has issued to or for the benefit of the person named therein a motor vehicle liability policy as defined in Section 16450, an automobile liability policy as defined in Section 16054, or any other liability policy issued for vehicles with less than four wheels that meets the requirements of Section 16056, which, at the date of the certificate or certificates, is in full force and effect. Except as provided in subdivision (b), the certificate or certificates issued under any liability policy set forth in this section shall be accepted by the department and satisfy the requirements of proof of financial responsibility of this chapter. Nothing in this chapter requires that an insurance carrier certify that there is coverage broader than that provided by the actual policy issued by the carrier.
(b) The department shall require that a person whose driver’s license has been revoked, suspended, or restricted under Section 13350, 13351, 13352, 13353, 13353.2, 13353.3, 13353.7, or 16370, provide, as proof of financial responsibility, a certificate or certificates that covers all motor vehicles registered to the person before reinstatement of his or her their driver’s license.
(c) Subdivision (b) does not apply to vehicles in storage if the current license plates and registration cards are surrendered to the department in Sacramento.
(d) (1) A resident of another state may provide proof of financial responsibility when required to do so under this code from a company authorized to do business in that person’s state of residence, if that proof is satisfactory to the department, covers the operation of a vehicle in this state, and meets the minimum coverage limit requirements specified in Section 16056.
(2) If the person specified in paragraph (1) becomes a resident of this state during the period that the person is required to maintain proof of financial responsibility with the department, the department may not issue or return a driver’s license to that person until the person files a written certificate or certificates, as authorized under subdivision (a), that meets the minimum coverage limit requirements specified in Section 16056 and covers the period during which the person is required to maintain proof of financial responsibility.
(e)This section shall become operative on September 20, 2005.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 53.
Section 16431 is added to the Vehicle Code, to read:
16431. (a) Proof of financial responsibility may be given by the written certificate or certificates of any insurance carrier duly authorized to do business within the state, that it has issued to or for the benefit of the person named therein a motor vehicle liability policy as defined in Section 16450, an automobile liability policy as defined in Section 16054, or any other liability policy issued for vehicles with less than four wheels that meets the requirements of Section 16056, which, at the date of the certificate or certificates, is in full force and effect. Except as provided in subdivision (b), the certificate or certificates issued under any liability policy set forth in this section shall be accepted by the department and satisfy the requirements of proof of financial responsibility of this chapter. Nothing in this chapter requires that an insurance carrier certify that there is coverage broader than that provided by the actual policy issued by the carrier.(b) The department shall require that a person whose driver’s license has been revoked, suspended, or restricted under Section 13350, 13351, 13352, 13352.4, 13353, 13353.2, 13353.3, 13353.7, 13354, 13354.4, 13356, or 16370, provide, as proof of financial responsibility, a certificate or certificates that covers all motor vehicles registered to the person before reinstatement of their driver’s license.(c) Subdivision (b) does not apply to vehicles in storage if the current license plates and registration cards are surrendered to the department in Sacramento.(d) (1) A resident of another state may provide proof of financial responsibility when required to do so under this code from a company authorized to do business in that person’s state of residence, if that proof is satisfactory to the department, covers the operation of a vehicle in this state, and meets the minimum coverage limit requirements specified in Section 16056.(2) If the person specified in paragraph (1) becomes a resident of this state during the period that the person is required to maintain proof of financial responsibility with the department, the department may not issue or return a driver’s license to that person until the person files a written certificate or certificates, as authorized under subdivision (a), that meets the minimum coverage limit requirements specified in Section 16056 and covers the period during which the person is required to maintain proof of financial responsibility.(e) This section shall become operative on January 1, 2031.
SEC. 18.Section 23103.5 of the Vehicle Code, as amended by Section 18 of Chapter 689 of the Statutes of 2025, is amended to read:
23103.5.
(a)If the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense.
(b)The court shall advise the defendant, prior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c).
(c)If the court accepts the defendant’s plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor’s statement under subdivision (a) states that there was consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as specified in those sections.
(d)The court shall notify the Department of Motor Vehicles of each conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622.
(e)Except as provided in paragraph (1) of subdivision (f), if the court places the defendant on probation for a conviction of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code and complete, at a minimum, the educational component of that program, as a condition of probation. If compelling circumstances exist that mitigate against including the education component in the order, the court may make an affirmative finding to that effect. The court shall state the compelling circumstances and the affirmative finding on the record, and may, in these cases, exclude the educational component from the order.
(f)(1)If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.
(2)The court shall revoke the person’s probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).
(g)Commencing January 1, 2019, the court may require a person convicted on or after January 1, 2019, of a violation of Section 23103, as described in this section, to install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period of at least three months, but no longer than the term specified in Section 23575.3 that would have applied to the defendant had the defendant instead been convicted of a violation of Section 23152, from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles. A person who is required to install a functioning, certified ignition interlock device pursuant to this subdivision shall submit the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386 and maintain the ignition interlock device as required under subdivision (f) of Section 23575.3. The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to this subdivision.
(h)The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation of the effectiveness of the programs described in subdivisions (e) and (g) as to treating persons convicted of violating Section 23103.
SEC. 19.Section 23103.5 of the Vehicle Code, as amended by Section 19 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 54.
Section 23109 of the Vehicle Code is amended to read:
23109.
(a) A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limit, is not a speed contest.
(b) A person shall not aid or abet in a motor vehicle speed contest on a highway or in an offstreet parking facility.
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility.
(d) A person shall not, for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in an offstreet parking facility.
(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.
(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than 1 day nor more than 30 days.
(i) (1) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(2) (A) (i) Commencing January 1, 2029, the court may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c), as provided in subparagraph (B) of paragraph (8) of subdivision (a) of Section 13352, only if the violation occurred as part of a sideshow.
(ii) For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in an offstreet parking facility for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. A sideshow is also known as a street takeover.
(B) A person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.
(C) If the court is considering suspending or restricting the privilege to operate a motor vehicle pursuant to this paragraph, the court shall also consider whether a medical, personal, or family hardship exists that requires a person to have a driver’s license for such limited purpose as the court deems necessary to address the hardship. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l) For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500.
(m) This section shall be known and may be cited as the Louis Friend Memorial Act.
(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 55.
Section 23109 is added to the Vehicle Code, to read:
23109. (a) A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limit, is not a speed contest.(b) A person shall not aid or abet in a motor vehicle speed contest on a highway or in an offstreet parking facility.(c) A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility.(d) A person shall not, for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in an offstreet parking facility.(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in subdivision (a) of Section 13356. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in subdivision (c) of Section 13356. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in subdivision (c) of Section 13356 or restricted pursuant to subdivision (f).(h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than 1 day nor more than 30 days.(i) (1) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(2) (A) (i) The court may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c), as provided in subdivision (b) of Section 13356, only if the violation occurred as part of a sideshow.(ii) For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in an offstreet parking facility for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. A sideshow is also known as a street takeover.(B) A person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment.(C) If the court is considering suspending or restricting the privilege to operate a motor vehicle pursuant to this paragraph, the court shall also consider whether a medical, personal, or family hardship exists that requires a person to have a driver’s license for such limited purpose as the court deems necessary to address the hardship. This subdivision does not interfere with the court’s power to grant probation in a suitable case.(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.(l) For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500.(m) This section shall be known and may be cited as the Louis Friend Memorial Act. (n) This section shall become operative on January 1, 2031.
SEC. 56.
Section 23109.5 of the Vehicle Code is amended to read:
23109.5.
(a) In any case charging a violation of subdivision (a) of Section 23109 and where the offense occurs within five years of one or more prior offenses which resulted in conviction of violation of subdivision (a) of Section 23109, the court shall not strike any prior conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment, as provided in subdivision (f) of Section 23109, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in Section 13352 or 23109.
(b) In any case charging a violation of subdivision (a) of Section 23109, the court shall obtain a copy of the driving record of the person charged from the Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more prior convictions of the person for violation of subdivision (a) of Section 23109 have occurred within five years of the charged offense.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 57.
Section 23109.5 is added to the Vehicle Code, to read:
23109.5. (a) In any case charging a violation of subdivision (a) of Section 23109 and where the offense occurs within five years of one or more prior offenses which resulted in conviction of violation of subdivision (a) of Section 23109, the court shall not strike any prior conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment, as provided in subdivision (f) of Section 23109, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in Section 13356 or 23109.(b) In any case charging a violation of subdivision (a) of Section 23109, the court shall obtain a copy of the driving record of the person charged from the Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more prior convictions of the person for violation of subdivision (a) of Section 23109 have occurred within five years of the charged offense.(c) This section shall become operative on January 1, 2031.
SEC. 20.SEC. 58.
Section 23247 of the Vehicle Code, as amended by Section 20 of Chapter 689 of the Statutes of 2025, is amended to read:
23247.
(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had their driving privilege restricted as provided in Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700, shall notify any other person who rents, leases, or loans a motor vehicle to them of the driving restriction imposed under that section.
(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700.
(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f) Any person convicted of a violation of this section shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g) (1) If any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, or 13353.75 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.3 are met.
(2) If any person who is restricted pursuant to Section 23575.3, subdivision (a) or (i) of Section 23575, or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.
(h) Notwithstanding any other law, if a vehicle in which a functioning, certified ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 21.Section 23247 of the Vehicle Code, as amended by Section 21 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 59.
Section 23247 of the Vehicle Code, as amended by Section 21 of Chapter 689 of the Statutes of 2025, is amended to read:
23247.
(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had their driving privilege restricted as provided in Section 13352, 23575, 13352.1, 13352.4, 13353.6, or 23700, or former Section 13353.75, 23575, or 23575.3, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700, any of those sections, shall notify any other person who rents, leases, or loans a motor vehicle to them of the driving restriction imposed under that section.
(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 13352.1, 13352.4, 13353.6, or 23700, or former Section 13353.75, 23575, or 23575.3, to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700. 13352.1, 13352.4, 13353.6, or 23700, or former Section 13353.75, 23575, or 23575.3.
(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 13352.1, 13352.4, 13353.6, or 23700, or former Section 13353.75, 23575, or 23575.3 to operate any vehicle not equipped with a functioning, certified ignition interlock device.
(f) Any person convicted of a violation of this section shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g) (1) If any person whose driving privilege is restricted pursuant to Section 13352 13352, 13352.1, 13352.4, 13353.6, or 23700, or former Section 13353.75, 23575, or 23575.3 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 or 13353.3 are met.
(2) If any person who is restricted pursuant to Section 13352.4, former Section 23575.3, subdivision (a) or (l) of (i) of former Section 23575 or Section 23700 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.
(h) Notwithstanding any other law, if a vehicle in which a functioning, certified ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
(i) This section shall become operative on January 1, 2033. 2031.
SEC. 60.
Section 23502 of the Vehicle Code is amended to read:
23502.
(a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender his or her their driver’s license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving-under-the-influence program required under this section.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 61.
Section 23502 is added to the Vehicle Code, to read:
23502. (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (b) of Section 11837 of the Health and Safety Code.(c) The person’s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender their driver’s license to the court in accordance with Section 13550.(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving-under-the-influence program required under this section.(e) This section shall become operative on January 1, 2031.
SEC. 62.
Section 23521 of the Vehicle Code is amended to read:
23521.
(a) Any finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense in any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of a violation of Section 23152 for the purposes of Sections 13352, 13352.3, 13352.4, and 13352.5, and the finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense that, if committed in this state, would be a violation of Section 23153 is a conviction of a violation of Section 23153 for the purposes of Sections 13352 and 13352.3.
(b)This section shall become operative on September 20, 2005.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 63.
Section 23521 is added to the Vehicle Code, to read:
23521. (a) Any finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense in any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of a violation of Section 23152 for the purposes of Sections 13352, 13352.3, 13352.4, 13353.2, 13353.3, 13353.6, 13354, and 13354.4, and the finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense that, if committed in this state, would be a violation of Section 23153 is a conviction of a violation of Section 23153 for the purposes of Sections 13352, 13352.3, 13352.4, 13353.2, 13353.3, 13353.6, 13354, and 13354.4.(b) For the purpose of this chapter, a conviction of an offense for being in actual physical control of a motor vehicle or for operation of a motor vehicle shall be considered substantially similar to the above listed violations, even if the law of such other place does not require or the offense did not include driving or actual volitional movement.(c) This section shall become operative on January 1, 2031.
SEC. 64.
Section 23536 of the Vehicle Code is amended to read:
23536.
(a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 65.
Section 23536 is added to the Vehicle Code, to read:
23536. (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.(c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) or (8) of subdivision (a) of Section 13352 or paragraph (1) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(e) This section shall become operative on January 1, 2031.
SEC. 66.
Section 23538 of the Vehicle Code is amended to read:
23538.
(a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months.
(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.
(b) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.
(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).
(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 67.
Section 23538 is added to the Vehicle Code, to read:
23538. (a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months.(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) or (8) of subdivision (a) of Section 13352 or paragraph (1) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(b) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation.(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(3) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered. (d) This section shall become operative on January 1, 2031.
SEC. 68.
Section 23540 of the Vehicle Code is amended to read:
23540.
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.
(c)This section shall become operative on September 20, 2005.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 69.
Section 23540 is added to the Vehicle Code, to read:
23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352 or paragraph (3) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license required under Section 13354.4.(c) This section shall become operative on January 1, 2031.
SEC. 70.
Section 23542 of the Vehicle Code is amended to read:
23542.
(a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.
(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following:
(1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.
(2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.
(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.
(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.
(e)This section shall become operative on September 20, 2005.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 71.
Section 23542 is added to the Vehicle Code, to read:
23542. (a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352 or paragraph (3) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following:(1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.(2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license required under Section 13354.4.(e) This section shall become operative on January 1, 2031.
SEC. 72.
Section 23546 of the Vehicle Code is amended to read:
23546.
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her their driver’s license to the court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 73.
Section 23546 is added to the Vehicle Code, to read:
23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352 or paragraph (5) of subdivision (a) of Section 13354. The court shall require the person to surrender their driver’s license to the court in accordance with Section 13550.(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. (c) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (5) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(d) This section shall become operative on January 1, 2031.
SEC. 74.
Section 23548 of the Vehicle Code is amended to read:
23548.
(a) (1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).
(2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23546 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person’s residence or employment. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
(e)This section shall become operative on September 20, 2005.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 75.
Section 23548 is added to the Vehicle Code, to read:
23548. (a) (1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).(2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (5) of subdivision (a) of Section 13352 or paragraph (5) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550 or paragraph (5) of subdivision (a) of Section 13354.(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352 or paragraph (5) of subdivision (a) of Section 13354.(c) In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23546 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person’s residence or employment. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352 or paragraph (5) of subdivision (a) of Section 13354.(d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.(e) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (5) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(f) This section shall become operative on January 1, 2031.
SEC. 76.
Section 23550 of the Vehicle Code is amended to read:
23550.
(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 77.
Section 23550 is added to the Vehicle Code, to read:
23550. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.(c) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (7) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(d) This section shall become operative on January 1, 2031.
SEC. 78.
Section 23550.5 of the Vehicle Code is amended to read:
23550.5.
(a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:
(1) A separate violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.
(2) A separate violation of Section 23153 that was punished as a felony.
(3) A separate violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.
(b) Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5, 191.5 of the Penal Code, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
(c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department pursuant to paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d) A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 79.
Section 23550.5 is added to the Vehicle Code, to read:
23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:(1) A separate violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.(2) A separate violation of Section 23153 that was punished as a felony.(3) A separate violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.(b) Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5 of the Penal Code, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).(c) A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.(d) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (7) of subdivision (a) of Section 13354, unless paragraph (6) of subdivision (a) of Section 13354 is also applicable, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(e) This section shall become operative on January 1, 2031.
SEC. 80.
Section 23552 of the Vehicle Code is amended to read:
23552.
(a) (1) If the court grants probation to a person punished under Section 23550, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in a county jail for at least 180 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).
(2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23550, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (a) of Section 13352.
(c) In addition to Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23550 who has not previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in, and complete, a program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll in and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. A person who has previously completed a 12-month or 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code is not available for referral in the county of the person’s residence or employment. A condition of probation required pursuant to this subdivision is not a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 81.
Section 23552 is added to the Vehicle Code, to read:
23552. (a) (1) If the court grants probation to a person punished under Section 23550, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in a county jail for at least 180 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).(2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352 or paragraph (7) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23550, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (a) of Section 13352 or paragraph (7) of subdivision (a) of Section 13354.(c) In addition to Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23550 who has not previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in, and complete, a program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll in and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. A person who has previously completed a 12-month or 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code is not available for referral in the county of the person’s residence or employment. A condition of probation required pursuant to this subdivision is not a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (a) of Section 13352 or paragraph (7) of subdivision (a) of Section 13354.(d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (e) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (7) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(f) This section shall become operative on January 1, 2031.
SEC. 82.
Section 23554 of the Vehicle Code is amended to read:
23554.
(a)If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (2) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 83.
Section 23554 is added to the Vehicle Code, to read:
23554. (a) If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (2) of subdivision (a) of Section 13352 or paragraph (2) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (2) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(c) This section shall become operative January 1, 2031.
SEC. 84.
Section 23556 of the Vehicle Code is amended to read:
23556.
(a) (1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).
(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) (1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program, established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court.
(2) In any county where the board of supervisors has approved and the State Department of Health Care Services has licensed an alcohol and other drug education and counseling program, the court shall also impose as a condition of probation that the driver enroll in, participate in, and successfully complete, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this paragraph, enrollment in, participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.
(3) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(4) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).
(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.
(d) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
(e)This section shall become operative on September 20, 2005.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 85.
Section 23556 is added to the Vehicle Code, to read:
23556. (a) (1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) of subdivision (a) of Section 13352 or paragraph (2) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) (1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program, established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court.(2) In any county where the board of supervisors has approved and the State Department of Health Care Services has licensed an alcohol and other drug education and counseling program, the court shall also impose as a condition of probation that the driver enroll in, participate in, and successfully complete, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this paragraph, enrollment in, participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.(3) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(4) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.(d) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.(e) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (2) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(f) This section shall become operative on January 1, 2031.
SEC. 86.
Section 23560 of the Vehicle Code is amended to read:
23560.
(a)If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153 that resulted in a conviction, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 120 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 87.
Section 23560 is added to the Vehicle Code, to read:
23560. (a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153 that resulted in a conviction, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 120 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (4) of subdivision (a) of Section 13352 or paragraph (4) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (4) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(c) This section shall become operative on January 1, 2031.
SEC. 88.
Section 23562 of the Vehicle Code is amended to read:
23562.
If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:
(a) Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) All of the following apply:
(1) Be confined in the county jail for at least 30 days, but not more than one year.
(2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(4) Either of the following:
(A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.
(B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation.
(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
(d)This section shall become operative on September 20, 2005.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 89.
Section 23562 is added to the Vehicle Code, to read:
23562. If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:(a) Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352 or paragraph (4) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) All of the following apply:(1) Be confined in the county jail for at least 30 days, but not more than one year.(2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).(3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352 or paragraph (4) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(4) Either of the following:(A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.(B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation.(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.(d) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (4) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(e) This section shall become operative on January 1, 2031.
SEC. 90.
Section 23566 of the Vehicle Code is amended to read:
23566.
(a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years.
The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law.
(d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
(e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.
(f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 91.
Section 23566 is added to the Vehicle Code, to read:
23566. (a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352 or paragraph (6) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352 or paragraph (6) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years.The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law.(d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.(e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352 or paragraph (6) of subdivision (a) of Section 13354, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.(f) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (6) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(g) This section shall become operative on January 1, 2031.
SEC. 92.
Section 23568 of the Vehicle Code is amended to read:
23568.
(a) If the court grants probation to a person punished under Section 23566, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least one year, that the person pay a fine of at least three hundred ninety dollars ($390) but not more than five thousand dollars ($5,000), and that the person make restitution or reparation pursuant to Section 1203.1 of the Penal Code. The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) In addition to Section 23600 and subdivision (a), if the court grants probation to a person punished under Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a minimum condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. Except as provided in this subdivision, if the court grants probation under this section, the court shall order the treatment prescribed by this subdivision, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (6) of subdivision (a) of Section 13352.
(c) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 93.
Section 23568 is added to the Vehicle Code, to read:
23568. (a) If the court grants probation to a person punished under Section 23566, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least one year, that the person pay a fine of at least three hundred ninety dollars ($390) but not more than five thousand dollars ($5,000), and that the person make restitution or reparation pursuant to Section 1203.1 of the Penal Code. The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (6) of subdivision (a) of Section 13352 or paragraph (6) of subdivision (a) of Section 13354. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.(b) In addition to Section 23600 and subdivision (a), if the court grants probation to a person punished under Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a minimum condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. Except as provided in this subdivision, if the court grants probation under this section, the court shall order the treatment prescribed by this subdivision, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (6) of subdivision (a) of Section 13352 or paragraph (6) of subdivision (a) of Section 13354.(c) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.(d) Whenever, in considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (4) of subdivision (a) of Section 13354, the court may disallow the issuance of a restricted driver’s license authorized under Section 13354.4.(e) This section shall become operative on January 1, 2031.
SEC. 22.SEC. 94.
Section 23573 of the Vehicle Code, as amended by Section 22 of Chapter 689 of the Statutes of 2025, is amended to read:
23573.
(a) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (j), shall inform the convicted person of the requirements of this section and the term for which the person is required to have a functioning, certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed pursuant to this code.
(b) The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(c) A person who is notified by the department pursuant to subdivision (a) shall, within 30 days of notification, complete all of the following:
(1) Arrange for each vehicle operated by the person to be fitted with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.
(2) Notify the department and provide to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(3) Pay to the department a fee sufficient to cover the costs of administration of this section, including startup costs, as determined by the department.
(d) The department shall place a restriction on the driver’s license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device.
(e) (1) A person who is notified by the department pursuant to subdivision (a) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(f) The department shall monitor the installation and maintenance of the functioning, certified ignition interlock device installed pursuant to subdivision (a).
(g) (1) A person who is notified by the department, pursuant to subdivision (a), is exempt from the requirements of subdivision (c) if all of the following circumstances occur:
(A) Within 30 days of the notification, the person certifies to the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at their residence.
(iii) The person no longer has access to the vehicle being driven by the person when the person was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (j).
(iv) The person acknowledges that they are only allowed to drive a vehicle that is fitted with a functioning, certified ignition interlock device and that they are required to have a valid driver’s license before they can drive.
(v) The person is subject to the requirements of this section when the person purchases or has access to a vehicle.
(B) The person’s driver’s license record has been restricted pursuant to subdivision (d).
(C) The person complies with this section immediately upon commencing operation of a vehicle subject to the required installation of a functioning, certified ignition interlock device.
(2) A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (i) in addition to any other applicable penalties in law.
(h) This section does not permit a person to drive without a valid driver’s license.
(i) A person who is required under subdivision (c) to install a functioning, certified ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (c) is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(j) In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:
(1) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a functioning, certified ignition interlock device, pursuant to this section, in all vehicles operated by that person for a term of one year.
(2) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a functioning, certified ignition interlock device, pursuant to this section, in all vehicles operated by that person for a term of two years.
(3) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a functioning, certified ignition interlock device, pursuant to this section, in all vehicles operated by that person for a term of three years.
(k) The department shall notify the court if a person subject to this section has failed to show proof of installation within 30 days of the department informing the person that the person is required to install a functioning, certified ignition interlock device.
(l) Subdivisions (g), (h), (j), (k), and (l) of Section 23575 apply to this section.
(m) The requirements of this section are in addition to any other requirements of law.
(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 23.SEC. 95.
Section 23573 of the Vehicle Code, as amended by Section 23 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 24.SEC. 96.
Section 23575 of the Vehicle Code, as amended by Section 24 of Chapter 689 of the Statutes of 2025, is amended to read:
23575.
(a) The court shall require a person convicted of a violation of Section 14601.2 to install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816 the requirement and term for the use of a functioning, certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c) The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d) A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of a functioning, certified ignition interlock device restriction ordered pursuant to subdivision (a) or (i). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f) Nothing in this section permits a person to drive without a valid driver’s license.
(g) Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning, certified ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(h) If a medical problem does not permit a person to breathe with sufficient strength to activate the device, that person shall only have the suspension option.
(i) This section does not restrict a court from requiring installation of a functioning, certified ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(j) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(k) (1) For the purposes of this section, “owned” means solely owned or owned in conjunction with another person or legal entity.
(2) For purposes of this section, “operates” includes operating a vehicle that is not owned by the person subject to this section.
(l) For the purposes of this section, “bypass” means either of the following:
(1) Failure to take any random retest.
(2) Failure to pass any random retest with a breath alcohol concentration not exceeding 0.03 percent breath alcohol concentration.
(m) The department shall adopt regulations specifying the intervals between random retests.
(n) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(o) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 25.SEC. 97.
Section 23575 of the Vehicle Code, as amended by Section 25 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 26.Section 23575.1 of the Vehicle Code is repealed.
SEC. 98.
Section 23575.1 of the Vehicle Code is amended to read:
23575.1.
(a)The department may undertake a study and report its findings of that study to the Legislature on or before January 1, 2013, regarding the overall effectiveness of the use of ignition interlock devices (IID) to reduce the recidivism rate of first-time violators of Section 23152 or 23153. If the department exercises this authority, the study shall focus on those drivers who actually have an IID installed in their vehicles rather than on those who are subject to a judicial order to have an IID installed.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 27.Section 23575.3 of the Vehicle Code is amended to read:
23575.3.
(a)In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that the person is required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that the person is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.
(b)The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
(c)The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d)(1)A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
(A)Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.
(B)Provide to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(C)Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
(2)A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time the person purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
(A)The person does not own a vehicle.
(B)The person does not have access to a vehicle at their residence.
(C)The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D)The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E)The person acknowledges that they are required to have a valid driver’s license before they can drive.
(F)The person acknowledges that they are subject to the requirements of this section when the person purchases or has access to a vehicle.
(e)In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(f)(1)A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device, subject to the fee schedule established in subdivision (k).
(2)The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(g)The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
(h)A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows:
(1)A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
(A)Upon a conviction involving alcohol with no priors, punishable under Section 23536, the court shall order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(B)Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(C)Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(D)Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(2)A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
(A)Upon a conviction involving alcohol with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(B)Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(C)Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(D)Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(3)For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10 years of the current violation.
(4)The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which they had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75.
(i)Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
(j)If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not be credited towards the mandatory term for which the ignition interlock device is required to be installed.
(k)(1)Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device, the administration of the program, installation of the device, service, maintenance, and recalibration of the device as required by subdivision (f), and any other costs associated with the device by persons subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A)A person with an income at 125 percent of the federal poverty level or below is responsible for 10 percent of the costs identified in paragraph (1) of this subdivision. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(B)A person with an income at 126 to 225 percent, inclusive, of the federal poverty level is responsible for 25 percent of the costs identified in paragraph (1) of this subdivision. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(C)A person with an income at 226 to 325 percent, inclusive, of the federal poverty level is responsible for 50 percent of the costs identified in paragraph (1) of this subdivision. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person.
(D)A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 percent of the costs identified in paragraph (1) of this subdivision, and any additional costs accrued by the person for noncompliance with program requirements.
(E)A person with an income at 326 to 425 percent, inclusive, of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the costs identified in paragraph (1) of this subdivision, and any additional costs accrued by the person for noncompliance with program requirements.
(F)All other persons are responsible for 100 percent of the costs identified in paragraph (1) of this subdivision.
(G)The manufacturer is responsible for the percentage of costs that the person ordered to install an ignition interlock device is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2)The ignition interlock device provider shall verify the income of the person ordered to install an ignition interlock device to determine the costs identified in paragraph (1) of this subdivision by verifying any of the following documents from the offender:
(A)The previous year’s state or federal income tax return.
(B)The previous three months of weekly or monthly income statements.
(C)Employment Development Department verification of unemployment benefits.
(3)At any point during which a device is installed and in use, an individual shall be permitted to apply for reduced costs and shall be credited for any previously paid costs that were in excess of the fee schedule set forth in paragraph (1). An individual shall also be permitted to apply for reduced costs based on a change of income.
(4)(A)The ignition interlock device provider shall post conspicuously on its internet website and contracts the information set forth in this subdivision. Prior to an individual’s execution of a contract for an ignition interlock device, the provider shall also give verbal notification of the fee schedule and how to apply for reduced costs.
(B)Installation service and repair providers shall post conspicuously in their place of business and verbally inform a person of the information set forth in this subdivision prior to installation and servicing of the device.
(C)A copy of this information set forth in this subdivision shall also be provided to an individual together with the court order requiring the installation of an ignition interlock device.
(D)The department shall post the information set forth in this subdivision on its internet website. The department shall also include the information included in this subdivision in any mailed notice of revocation or suspension that notifies an individual of the requirement to install an ignition interlock device.
(l)The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
(m)This section does not permit a person to drive without a valid driver’s license.
(n)The requirements of this section are in addition to any other requirements of law.
(o)For the purposes of this section, the following definitions apply:
(1)“Bypass” means either of the following:
(A)Failure to take any random retest.
(B)Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(2)“Operates” includes operating a vehicle that is not owned by the person subject to this section.
(3)“Owned” means solely owned or owned in conjunction with another person or legal entity.
(4)“Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(5)“Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(p)The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
SEC. 99.
Section 23575.3 of the Vehicle Code is amended to read:
23575.3.
(a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that the person is required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that the person is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.
(b) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
(c) The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d) (1) A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
(A) Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.
(B) Provide to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
(2) A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time the person purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at their residence.
(C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E) The person acknowledges that they are required to have a valid driver’s license before they can drive.
(F) The person acknowledges that they are subject to the requirements of this section when the person purchases or has access to a vehicle.
(e) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(f) (1) A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(2) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(g) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
(h) A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows:
(1) A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
(A) Upon a conviction with no priors, punishable under Section 23536, only one of the following may occur:
(i) The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(ii) The person may apply to the department for a restriction of the driving privilege under Section 13352.4.
(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.
(B) Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(C) Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(D) Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(2) A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
(A) Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(B) Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(C) Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(D) Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(3) For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10 years of the current violation.
(4) The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which they had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75.
(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
(j) If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not be credited towards the mandatory term for which the ignition interlock device is required to be installed.
(k) (1) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(B) A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(C) A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(E) A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(F) All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(G) The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2) The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
(A) The previous year’s federal income tax return.
(B) The previous three months of weekly or monthly income statements.
(C) Employment Development Department verification of unemployment benefits.
(l) The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
(m) This section does not permit a person to drive without a valid driver’s license.
(n) The requirements of this section are in addition to any other requirements of law.
(o) For the purposes of this section, the following definitions apply:
(1) “Bypass” means either of the following:
(A) Failure to take any random retest.
(B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.
(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.
(4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(5) “Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(p) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(q)This section shall become operative on January 1, 2019.
(r)
(q) This section shall remain in effect only until January 1, 2033, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date. repealed.
SEC. 28.Section 23575.4 is added to the Vehicle Code, to read:
23575.4.
The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 the following information:
(a)The number of individuals with no priors, as described in subparagraph (A) of paragraph (1) of subdivision (h) of Section 23575.3, who were required to have a functioning, certified ignition interlock device installed as a result of the program, who killed or injured anyone in a crash while they were operating a vehicle under the influence of alcohol.
(b)The number of individuals with no priors, as described in subparagraph (A) of paragraph (1) of subdivision (h) of Section 23575.3, who were required to have a functioning, certified ignition interlock device installed as a result of the program, who killed or injured anyone in a crash while they were operating a vehicle and were not under the influence of alcohol.
(c)The number of individuals with no priors, as described in subparagraph (A) of paragraph (1) of subdivision (h) of Section 23575.3, who were required to have a functioning, certified ignition interlock device installed as a result of the program, who were convicted of an alcohol-related violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code during the term in which the person was required to have the ignition interlock device installed.
SEC. 29.Section 23575.5 of the Vehicle Code is repealed.
SEC. 100.
Section 23575.5 of the Vehicle Code is amended to read:
23575.5.
(a) On or before March 1, 2024, the Department of Motor Vehicles shall report data to the Transportation Agency regarding the implementation and efficacy of the program enacted by the act that added this section.
(b) The data described in subdivision (a) shall, at a minimum, include all of the following:
(1) The number of individuals who were required to have a functioning, certified ignition interlock device installed as a result of the program who killed or injured anyone in a crash while they were operating a vehicle under the influence of alcohol.
(2) The number of individuals who were required to have a functioning, certified ignition interlock device installed as a result of the program who were convicted of an alcohol-related violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code during the term in which the person was required to have the ignition interlock device installed.
(3) The number of injuries and deaths resulting from alcohol-related motor vehicle crashes between January 1, 2019, and January 1, 2024, inclusive, and during periods of similar duration prior to the implementation of the program.
(4) The number of individuals who have been convicted more than one time for driving under the influence of alcohol between January 1, 2019, and January 1, 2024, inclusive, and periods of similar duration prior to the implementation of the program.
(5) Any other information requested by the Transportation Agency to assess the effectiveness of the statewide ignition interlock device requirement in reducing recidivism for driving-under-the-influence violations.
(c) The Transportation Agency may contract with educational institutions to obtain and analyze the data required by this section.
(d) The Transportation Agency shall assess the program based on the data provided pursuant to subdivision (b) and shall report to the Legislature on the outcomes of the program no later than January 1, 2025.
(e) The report described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(f)(1)This section shall become operative on January 1, 2019.
(2)
(f) This section is repealed as of January 1, 2029, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed. shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 30.SEC. 101.
Section 23576 of the Vehicle Code, as amended by Section 27 of Chapter 689 of the Statutes of 2025, is amended to read:
23576.
(a) Notwithstanding Sections 13352, 13352.1, 13353.6, 13353.75, 23573, 23575, 23575.3, and 23700, if a person is required to operate a motor vehicle in the course and scope of their employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of a functioning, certified approved ignition interlock device if the employer has been notified by the person that the person’s driving privilege has been restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23573, 23575, 23575.3, or 23700 and if the person has proof of that notification in their possession, or if the notice, or a facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Section 13352, 13352.1, 13353.6, 13353.75, 23573, 23575, 23575.3, or 23700, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 31.SEC. 102.
Section 23576 of the Vehicle Code, as amended by Section 28 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 32.SEC. 103.
Section 23597 of the Vehicle Code, as amended by Section 29 of Chapter 689 of the Statutes of 2025, is amended to read:
23597.
(a) Notwithstanding Sections 13202.5, 13203, and 13352, a court may order a 10-year revocation of the driver’s license of a person who has been convicted of three or more separate violations of Section 23152 or 23153, the last of which is punishable under Section 23546, 23550, 23550.5, or 23566. When making this order, the court shall consider all of the following:
(1) The person’s level of remorse for the acts.
(2) The period of time that has elapsed since the person’s previous convictions.
(3) The person’s blood-alcohol level at the time of the violation.
(4) The person’s participation in an alcohol treatment program.
(5) The person’s risk to traffic or public safety.
(6) The person’s ability to install a functioning, certified ignition interlock device in each motor vehicle that the person operates.
(b) Upon receipt of a duly certified abstract of the record of the court showing the court has ordered a 10-year revocation of a driver’s license pursuant to this section, the department shall revoke the person’s driver’s license for 10 years, except as provided in subdivision (c).
(c) (1) Five years from the date of the last conviction of a violation of Section 23152 or 23153, a person whose license was revoked pursuant to subdivision (a) may apply to the department to have their privilege to operate a motor vehicle reinstated, subject to the condition that the person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386 and agrees to maintain a functioning, certified ignition interlock device as required under subdivision (f) of Section 23575.3. Notwithstanding Chapter 5 (commencing with Section 23700) or Section 23575.3, the ignition interlock device shall remain on the person’s motor vehicle for two years following the reinstatement of the person’s driving privilege pursuant to this section.
(2) The department shall reinstate the person’s license pursuant to paragraph (1), if the person satisfies all of the following conditions:
(A) The person was not convicted of any drug- or alcohol-related offenses, under state law, during the driver’s license revocation period.
(B) The person successfully completed a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, following the date of the last conviction of a violation of Section 23152 or 23153 of this code.
(C) The person was not convicted of violating Section 14601, 14601.1, 14601.2, 14601.4, or 14601.5 during the driver’s license revocation period.
(3) The department shall immediately revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain revoked for the remaining period of the original revocation and until all reinstatement requirements are met, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 33.SEC. 104.
Section 23597 of the Vehicle Code, as amended by Section 30 of Chapter 689 of the Statutes of 2025, is repealed.
SEC. 105.
Section 23620 of the Vehicle Code is amended to read:
23620.
(a) For the purposes of this division, Section 13352, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in a conviction of a violation of subdivision (f) of Section 655 of the Harbors and Navigation Code or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code is a separate offense of a violation of Section 23153.
(b) For the purposes of this division division, Section 13352, and Chapter 12 (commencing with Section 23100) of Division 11, and Section 13352, a separate offense that resulted in a conviction of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code is a separate violation of Section 23152.
(c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 106.
Section 23620 is added to the Vehicle Code, to read:
23620. (a) For the purposes of this division, Sections 13352 and 13354, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in a conviction of a violation of subdivision (f) of Section 655 of the Harbors and Navigation Code or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code is a separate offense of a violation of Section 23153.(b) For the purposes of this division, Sections 13352 and 13354, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in a conviction of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code is a separate violation of Section 23152.(c) This section shall become operative on January 1, 2031.
SEC. 34.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.