AB 197

This bill provides for permanent revocation of a person's operating privilege if

the person commits certain offenses related to drunken driving or driving under the

influence of an intoxicant or other drug (OWI offenses).

Under current law, the Department of Transportation may revoke or suspend

a person's operating privilege if the person commits certain traffic offenses or crimes,

such as operating a vehicle while intoxicated. The period of revocation varies based

on the reason for the revocation, generally ranging from several months to a year.

Suspensions of operating privileges may also be ordered by a court adjudicating an

underlying criminal or traffic offense. Suspensions by a court also vary in length

based on the underlying criminal or traffic offense, ranging from several months to

several years.

Also under current law, if a person's operating privilege is suspended or

revoked, the person may apply for an occupational license, which restricts when and

where the person is allowed to drive, such as to and from work. In most cases, the

person is eligible for an occupational license 15 days after the date of the suspension

or revocation. In some cases involving serious offenses, the person is not eligible for

an occupational license until one year after the date of the suspension or revocation.

Also under current law, with limited exceptions, DOT may reinstate a person's

revoked operating privilege if all of the following apply: 1) the period of revocation

has expired; 2) the person pays DOT all required fees; 3) the person passes any

examination required by DOT; and 4) with exceptions, the person files proof of

financial responsibility with DOT and maintains it for three years.

This bill requires DOT to permanently revoke the operating privilege of a

person who meets either of the following requirements:

1. The person has committed four or more OWI offenses.

2. The person has committed two or more OWI offenses and has two or more

“qualifying convictions." A qualifying conviction is 1) a conviction for certain

homicides that involve the use of a motor vehicle or 2) a conviction for certain felonies

involving the use of a motor vehicle.

A person whose operating privilege is revoked under this bill is not eligible for

an occupational license. After ten years of the revocation period have elapsed, the

person, however, may apply for reinstatement of his or her operating privilege. DOT

may reinstate the person's operating privilege if the person meets the general

requirements for reinstatement and all of the following apply: 1) the person has not

been convicted of certain felonies or misdemeanors related to motor vehicle use

during the ten-year period immediately preceding the application for

reinstatement; and 2) the person submits to and complies with an assessment by an

approved public treatment facility for examination of the person's use of alcohol and

controlled substances and development of a driver safety plan for the person.

Current law prohibits a person from operating a motor vehicle on a highway