AB 1748

AB1748:v99#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1748

An act to amend Sections 13352, 13352.1, 13352.4, and 23575.3 of the Vehicle Code, relating to driving privileges.

LEGISLATIVE COUNSEL'S DIGEST

AB 1748, as introduced, Sanchez. License suspension and revocation.

Existing law requires the Department of Motor Vehicles (DMV) to suspend the privilege of a person to operate a motor vehicle for 6 months if they are convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person’s blood. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2, 3, or 4 or more separate violations for DUI that resulted in specified convictions, the DMV is required to suspend or revoke the privilege of a person to operate a motor vehicle for 2, 3, 4, or 5 years, as specified. Existing law requires the department to suspend the privilege of a person to operate a motor vehicle for 10 months if they are convicted of a DUI and their blood-alcohol concentration was 0.20% or more or they refused to take a chemical test, and the court refers the person to participate in a licensed program that provides alcohol or drug recovery services, as specified.

This bill would require the DMV to suspend the privilege of a person to operate a motor vehicle for 1 year if a person is convicted of DUI. The bill would require the DMV to suspend or revoke the privilege of a person to operate a motor vehicle for 3, 5, or 10 years, as specified, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2 or 3 separate violations for DUI that resulted in specified convictions. The bill would also require the DMV to permanently revoke the privilege of a person to operate a motor vehicle if a person is convicted of DUI and the offense occurred within 10 years of 4 or more separate violations. The bill would require the department to suspend the privilege of a person to operate a motor vehicle for 16 months who is convicted of a DUI and whose blood-alcohol concentration was 0.20% or more or who refused to take a chemical test, and who is referred by the court to participate in a licensed program that provides alcohol or drug recovery services, as specified.

The bill would make other conforming changes.

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: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

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. 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 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 three 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 five 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 ten 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 ten 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 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: permanently revoked.

(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 become operative on January 1, 2019.

(o) This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2033, deletes or extends that date.

SEC. 2.

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, 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 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 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. 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 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.

(2) 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, participation, 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.

(3) Except as provided 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 three 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 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) The person provides proof of financial responsibility, as defined in Section 16430.

(G) 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 a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of three five 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 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) The person provides proof of financial responsibility, as defined in Section 16430.

(F) The person pays all applicable reinstatement or 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 a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of three ten 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, 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) The person provides proof of financial responsibility, as defined in Section 16430.

(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) The person pays all applicable reinstatement or 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 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 ten 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 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) The person provides proof of financial responsibility, as defined in Section 16430.

(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) The person pays all applicable reinstatement or 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 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 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: permanently revoked.

(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) The person provides proof of financial responsibility, as defined in Section 16430.

(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) The person pays all applicable reinstatement or 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.

(b) For the purpose 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) 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) 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).

(h) This section shall become operative January 1, 2033.

SEC. 3.

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. 16 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 become operative on January 1, 2019.

(k) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.

SEC. 4.

Section 13352.1 of the Vehicle Code, as amended by Section 4 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 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. 16 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) This section shall become operative on January 1, 2033.

SEC. 5.

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 the duration of the suspension period required under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 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 become operative on January 1, 2019.

(j) This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC. 6.

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) This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC. 7.

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.