SB 384

This bill provides for a restricted occupational operating license limiting the

holder to operating only vehicles that are equipped with an ignition interlock device

(IID) and makes various related changes to statutes governing operating privilege

revocations for certain offenses related to operating a vehicle while intoxicated (OWI

offense).

Under current law, if a person commits a first OWI offense in which his or her

blood alcohol concentration was 0.15 or greater or a second or subsequent OWI

offense or improperly refuses to take a test for intoxication, a court must order one

of the following: 1) that the person's operating privilege be restricted to operating

vehicles that are equipped with an IID and that each of the person's motor vehicles

be equipped with an IID; or 2) that the person participate in a 24-7 sobriety program.

Under this bill, in the situation described above, with limited exceptions, a

court must order that the person's operating privilege be restricted to operating

motor vehicles that are equipped with an IID, but need not order that a person's

motor vehicles be equipped with an IID.

Under current law, a court must revoke the driving privileges of persons

convicted of certain OWI offenses for periods ranging from not less than six months

for a first OWI offense to not less than two years for a third or subsequent OWI

offense. Persons whose operating privilege is suspended under these provisions are

eligible for occupational licenses with a waiting period of 15 to 45 days. Under

current law, with certain exceptions and limitations, a person may apply for an

occupational license if the person's operating privilege is revoked or suspended and

the person is engaged in an occupation making it essential that he or she operate a

motor vehicle.

Under this bill, a person is eligible for a restricted occupational license after 15

days have elapsed from the day of suspension or revocation.

Current law prohibits a person from circumventing the operation of an IID

installed under a court order, failing to have an IID installed as ordered by a court,

and violating certain court orders restricting a person's operating privilege.

Violation of any of these prohibitions is punishable by a forfeiture of not less than $10

nor more than $200 and extension of the period of IID restriction.

This bill increases the penalty for these violations to, for a first offense, a fine

of not less than $150 nor more than $600 and imprisonment for not more than six

months or both and, for a second or subsequent offense, a fine of not less than $300

nor more than $1,000 or imprisonment for not more than six months or both. This

bill also provides that a person who violates the IID restriction of an IID restricted

license is subject to the penalties, as modified in this bill.

Also under this bill, if an IID service provider removes or disconnects an IID

from a motor vehicle, the service provider must inform DOT of the removal or

disconnection no later than three days after the removal or disconnection.