AB 218

Under current law, a person who is subject to a forfeiture or a fine for violating

most state laws or local ordinances is also liable for a variety of penalty surcharges

and court fees. In addition, a person who commits an offense relating to driving while

intoxicated is liable for a penalty surcharge for driver improvement programs and

is required to comply with an alcohol and other drug assessment before he or she is

eligible for reinstatement of his or her driving privileges.

Currently, a person who commits his or her first offense related to driving while

intoxicated and who has a blood alcohol concentration between 0.08 and 0.099 at the

time of the offense is not liable for the surcharges or fees and does not need to comply

with an alcohol or other drug assessment program. Further, the Department of

Transportation (DOT) must purge its records of a first offense related to driving

while intoxicated after ten years; the department keeps all other records of offenses

related to driving while intoxicated permanently.

Under this bill, a person who commits his or her first offense related to driving

while intoxicated and who has a blood alcohol concentration between 0.08 and 0.099

at the time of the violation is liable for the surcharges or fees and must comply with

an alcohol or other drug assessment program before his or her driving privileges may

be reinstated. Under this bill, DOT must keep a record of this offense permanently.