SB 150

This bill creates an ignition interlock restricted driver's license (IIRL).

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 that the person 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 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.

A person whose operating privilege is administratively suspended or revoked

may, within 10 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 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