AB 98

This bill provides specific requirements for court orders related to persons

whose operating privilege is restricted to operating vehicles that are equipped with

an ignition interlock device.

Under current law, a court is required, with an exception related to

participation in a sobriety program, to order that a person's motor vehicle operating

privilege be restricted to operating vehicles that are equipped with an ignition

interlock device if a person commits certain offenses related to drunken driving.

Under current law, the operating privilege restriction begins on the date the

Department of Transportation issues an operator's license and stays in place for not

less than one year nor more than the maximum operating privilege revocation period

permitted for the refusal or violation. A person who violates the operating privilege

restriction by failing to install, removing, disconnecting, or otherwise tampering

with the ignition interlock device may be fined not less than $150 nor more than

$600, imprisoned for not more than six months, or both, for the first offense, and may

be fined not less than $300 nor more than $1,000, or imprisoned for not more than

six months, or both, for a second or subsequent offense.

Currently, the court may order that the ignition interlock device be installed

immediately upon issuing the order that the person's operating privilege be

restricted to operating a vehicle with an ignition interlock device.

Under this bill, when a court orders that the person's operating privilege be

restricted to operating a vehicle with an ignition interlock device, the court may

specify the date by which the device must be installed. Also under this bill, the

operating privilege restriction takes effect immediately upon the issuing of the order

restricting the person's operating privilege. The operating privilege restriction

remains in place for not less than one year after DOT issues an operator's license nor

more than the maximum operating privilege revocation period after DOT issues an

operator's license. A violation of the operating privilege restriction is subject to the

same penalty provided for failing to install, removing, disconnecting, or otherwise

tampering with the ignition interlock device.