AB 258

Under current law, if a person is convicted of a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in their blood (OWI offense), a court must order the person’s operating privilege restricted to operating vehicles that are equipped with an ignition interlock device (IID). The restriction begins on the date of the IID order and lasts for at least one year, but no longer than the maximum operating privilege revocation period authorized for the refusal or violation.

Under the bill, the restriction of a person’s operating privilege under an IID order must be extended by 180 days for each occurrence of any of the following events detected by an IID: 1) three or more violations within a 60-day period, 2) tampering with or attempting to circumvent the IID, or 3) removing the IID authorization.

Under current law, a person whose operating privilege is administratively revoked for a first offense of refusing a test may apply for an occupational license after 30 days. The bill eliminates the 30-day waiting period and provides that a person may apply for an occupational license upon installation of an IID on any motor vehicle that the person operates.

Under current law, when a person is convicted of an OWI offense, the convicting court orders the person’s operating privilege be revoked. The length of time for a court-ordered revocation increases with each subsequent OWI offense, as does the waiting period before the person may apply for an occupational license. In general, a person with prior OWI offenses may apply after 45 days. The bill eliminates the 45-day waiting period and provides that a person may apply for an occupational license upon installation of an IID on each motor vehicle that the person operates.