Revocation of operating privilege for certain offenses related to operating while intoxicated, operating after revocation, making an appropriation, and providing a criminal penalty. (FE)

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 during any period in which the person's motor vehicle operating privilege is revoked (operating after revocation or OAR). Under current law, a person convicted of OAR is subject to a forfeiture of not more than $2,500 unless certain penalty enhancing conditions apply. Among these, if the underlying revocation was the result of specified traffic violations involving alcohol or controlled substances, the person convicted of OAR is subject to a fine of not more than $2,500 or imprisonment for not more than one year, or both.

Under this bill, a person convicted of a second or subsequent OAR based on a permanent revocation, as provided in this bill, is subject to a fine of not more than $10,000 or imprisonment for not more than one year, or both.

Because this bill proposes to revoke a person's operating privilege upon conviction for an offense, the Department of Transportation, as required by law, will prepare a report to be printed as an appendix to this bill.