AB 423

Under current law, no one may operate a motor vehicle while under the

influence of an intoxicant or with a prohibited blood alcohol concentration or with a

detectable amount of a restricted controlled substance in his or her blood. A person

who does so, or who improperly refuses a field sobriety test, is guilty of an offense

related to operating while intoxicated (OWI-related offense) and is subject to

forfeitures or fines and periods of imprisonment that increase with each subsequent

OWI-related offense.

Under this bill, an "impoundment violation" is an OWI-related offense

committed within ten years of a prior OWI-related offense, with a blood alcohol

concentration of more than twice the prohibited blood alcohol concentration, or with

a minor passenger under 16 years of age and more than 36 months younger than the

violator. Under this bill, when a person's operating privilege is revoked for an

impoundment violation, the Department of Transportation (DOT) must impound the

registration plate of any vehicle owned by, or registered or leased in the name of, the

violator and, in certain cases, the vehicle involved in the impoundment violation,

whether or not owned by the violator. A person whose plates are impounded may

seek administrative or judicial review of an impoundment order.

If the owner of a vehicle subject to an impoundment order meets certain

conditions, he or she may apply to DOT for special registration plates during the

impoundment period. These special plates must bear a series of numbers or letters

that readily identify the plate as a special plate to traffic officers. For one year after

the impoundment order, DOT may not issue registration plates, other than these

special plates, for a vehicle subject to an impoundment order. This bill also limits the

sale or transfer of a vehicle subject to an impoundment order during the

impoundment period.

Also under this bill, persons who fail to comply with an impoundment order,

attempt to obtain registration plates other than special plates for a vehicle subject

to an impoundment order, operate a vehicle subject to an impoundment order unless

equipped with special plates, operate a vehicle not equipped with special plates while

subject to an impoundment order, violate vehicle transfer requirements, or make

certain false statements are guilty of a misdemeanor and may be fined not more than

$500 or imprisoned for not more than 30 days, or both.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.