AB 266

Under current law, no person may drive or operate a motor vehicle while under

the influence of an intoxicant or drug, with a prohibited alcohol concentration, or

with a measurable amount of a controlled substance in his or her blood (OWI). A

person who does so is subject to penalties that increase, in terms of forfeitures or fines

assessed, periods of imprisonment imposed, and periods of time during which the

person's privilege to operate a motor vehicle is suspended or revoked, with each

subsequent offense. Current law allows most OWI offenders, after a waiting period

that increases with each subsequent OWI offense, to apply for an occupational

license that allows the person to operate a motor vehicle for certain limited activities

and within certain limited geographic boundaries.

Under current law, a law enforcement officer who arrests a person for an OWI

offense may request the person to take a chemical test to determine the amount of

alcohol in his or her blood or breath. Under certain other limited circumstances, the

officer may request the person to take the test before he or she is arrested. If the

person refuses to take the test, the officer takes possession of the person's driver's

license and issues the person a notice that the Department of Transportation (DOT)

will revoke the person's driving privilege for a minimum of one year and a maximum

of three years, depending on how many prior OWI offenses the person has committed.

Under current law, refusing to take a chemical test is counted as an OWI offense.

If the person takes the test and the test indicates that the person has committed an

OWI, the officer takes possession of the person's driver's license and DOT

administratively suspends the person's operating privilege for six months.

Under current law, a person whose operating privilege is administratively

suspended or revoked may, within ten days, submit a written request for DOT to

review his or her administrative suspension or revocation. A person whose operating

privilege is administratively suspended for failing a chemical test may apply for an

occupational license immediately. A person whose operating privilege is

administratively revoked for refusing a test may apply for an occupational license

after 30 days for a first OWI offense, after 90 days after a second OWI offense, and

after 120 days after a third or subsequent OWI offense. However, if the person has

committed two or more OWI offenses within the five years, current law requires him

or her to wait 12 months before he or she may apply for an occupational license.

Current law also requires DOT to administratively suspend or revoke a person's

operating privilege when it receives notification that a person has been convicted of

committing certain OWI-related offenses in this state or in another state or on tribal

land. The periods of suspension or revocation and the waiting periods for each

offense vary, but generally increase with the seriousness of the offense and the

number of prior OWI offenses the person has committed.

In addition to the administrative suspension for failing a test and the

administrative revocation for refusing a test, when a person is convicted of an OWI