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<ns0:Id>20250AB__174899INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-09</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Sanchez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Sanchez</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 13352, 13352.1, 13352.4, and 23575.3 of the Vehicle Code, relating to driving privileges. </ns0:Title>
<ns0:RelatingClause>driving privileges</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>License suspension and revocation.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law requires the Department of Motor Vehicles (DMV) to suspend the privilege of a person to operate a motor vehicle for 6 months if they are convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person’s blood. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2, 3, or 4 or more separate violations for DUI that resulted in specified convictions, the DMV is required to suspend or revoke the privilege of a person to operate a motor vehicle for 2, 3, 4, or 5 years, as specified. Existing law requires the department to suspend the privilege of a person to operate a motor vehicle for 10 months if they are convicted of a DUI and their blood-alcohol
concentration was 0.20% or more or they refused to take a chemical test, and the court refers the person to participate in a licensed program that provides alcohol or drug recovery services, as specified.</html:p>
<html:p>This bill would require the DMV to suspend the privilege of a person to operate a motor vehicle for 1 year if a person is convicted of DUI. The bill would require the DMV to suspend or revoke the privilege of a person to operate a motor vehicle for 3, 5, or 10 years, as specified, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2 or 3 separate violations for DUI that resulted in specified convictions. The bill would also require the DMV to permanently revoke the privilege of a person to operate a motor vehicle if a person is convicted of DUI and the offense occurred within 10 years of 4 or more separate violations. The bill would require the department to suspend the privilege of a person to operate a motor
vehicle for 16 months who is convicted of a DUI and whose blood-alcohol concentration was 0.20% or more or who refused to take a chemical test, and who is referred by the court to participate in a licensed program that provides alcohol or drug recovery services, as specified.</html:p>
<html:p>The bill would make other conforming changes.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_D4048775-65E8-4CC6-AAB6-F0E0442B8346">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 13352 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 1 of Chapter 689 of the Statutes of 2025, is amended to read:
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<ns0:LawSection id="id_7C3B9E6C-6D76-4FCA-BD55-510A9C3E024A">
<ns0:Num>13352.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified
as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this subparagraph, or as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in
Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain
the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable
under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall
advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556 of this code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete
either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of
financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph or in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for
three years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in
Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The
person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of five years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program
licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the
following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of ten years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable
in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section
23575.3, if the underlying conviction involved the use of alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under Section 23575.3, if applicable.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of
the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a
violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of ten years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be
subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period if the underlying conviction was only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or
employment.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person complies with Section 23575.3, if the underlying conviction involved alcohol.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any
restriction fee required by the department.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (e).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the
privilege shall be
permanently revoked.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision (a) of this section, is a conviction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the
findings specified in subdivision (a) to the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to (7), inclusive, of subdivision (a) and,
except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition
interlock device installed pursuant to this section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding the suspension periods specified in paragraphs (1) to (7), inclusive, of subdivision (a) or Section 13352.1, if the person maintains a
functioning, certified ignition interlock device for the mandatory term required under Section 23575.3, inclusive of any term credit earned under Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For the purposes of this section, completion of a program is the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege pursuant to this section is not eligible for the restricted driver’s license authorized under paragraphs (1) to (7), inclusive, of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (7), inclusive, of subdivision (a).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A person whose driving privilege is restricted by the Department of
Motor Vehicles pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The reinstatement of the driving privilege pursuant to this section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to Section 23575.3.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of this section, “bypass” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure to take any random retest.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_773B01DE-A30B-4861-9DE8-704127DD5F0B">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2025, Ch. 16, Sec. 7) by Stats. 2025, Ch. 689, Sec. 2. [id_21272ab8-c630-11f0-975c-e301db986e9c]">
Section 13352 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 2 of Chapter 689 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A375EE8C-0736-4635-AC20-F33E5C4ED6DD">
<ns0:Num>13352.</ns0:Num>
<ns0:LawSectionVersion id="id_D7C824D5-A0F3-4EA6-B4C1-5E80A7A2B6CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified
as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Except as required under Section 13352.1 or 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section
23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as
described in subdivision (b) of Section 23556 of this code. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for
three years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying
conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The
person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the
department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked for a period of
five years. The privilege may not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (4) of subdivision (b) of Section 23562 of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation
of Section 23152 punishable under Section 23546, the privilege shall be revoked for a period of ten years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548 of this code, if a 30-month program is unavailable in the person’s county of residence or employment, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this
paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Completion of 12 months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date
of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section
13386.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The person pays all
applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Except as provided in this paragraph, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked for a period of
ten years. The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23568 of this code, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit
for a suspension period served under subdivision (c) of Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completion of the initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Completion of the initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of Section 23152
punishable under Section 23550 or 23550.5, or of a violation of Section 23153 punishable under Section 23550.5, the privilege shall be permanently revoked.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the
following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays all
applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section or Section 23109.1, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing January 1, 2029, upon a finding of a violation of subdivision (c) of Section 23109 for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (i) of Section 23109, the
privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153, subdivision (a) of Section 23109, or Section 23109.1, as specified in subdivision
(a) of this section, is a conviction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For the purposes of this section, completion of a program is the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of
perjury, by the licensed program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under this section is not eligible for the restricted driver’s license authorized under paragraphs (3) to (7), inclusive, of subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall become operative January 1, 2033.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_56DFC2A6-4FEE-459A-845B-7A0956750469">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.1.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2017, Ch. 485, Sec. 5) by Stats. 2025, Ch. 689, Sec. 3. [id_22c1a0da-c630-11f0-975c-e301db986e9c]">
Section 13352.1 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 3 of Chapter 689 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_75F64952-CCB0-40EA-B678-AFF6FD87CA23">
<ns0:Num>13352.1.</ns0:Num>
<ns0:LawSectionVersion id="id_8EA3A7E2-BE75-4AB6-B756-3C5814C5A00B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Pursuant to subdivision (a) of Section 13352 and except as required under subdivision (c) of this section or Section 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, if the court refers the person to a program pursuant to paragraph (2) of subdivision (b) of Section 23538, the privilege shall be suspended for 16 months.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a
driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. For the purposes of this subdivision, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person that the person may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in paragraph (2) of subdivision (b) of Section 23538 of this code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The person does both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Agrees to maintain the functioning, certified
ignition interlock device as required under subdivision (e).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The person provides proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The person pays all reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The restriction shall remain in effect for the period required in subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (c) and, except as specified
in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of the restriction conditions specified in subdivision (c), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to Section 23575.3,
attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A person whose driving privilege is restricted by the department pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer
at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under paragraph (1) of subdivision (a) of Section 13352 or this section is not eligible for the restricted driver’s license authorized under this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (c).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For the purposes of this section, “bypass” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure to take any random retest.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine
startup breath test and while the vehicle’s motor is running.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The restriction conditions specified in this section shall apply only to a person who is convicted for a violation of Section 23152, as specified in subdivision (a), that occurred on or after January 1, 2019.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F1B67AF5-051D-4167-A7DD-21BB171F84C4">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.1.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2017, Ch. 485, Sec. 6) by Stats. 2025, Ch. 689, Sec. 4. [id_245ab76c-c630-11f0-975c-e301db986e9c]">
Section 13352.1 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 4 of Chapter 689 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E81BF21A-5E34-4452-8F31-815135D180D1">
<ns0:Num>13352.1.</ns0:Num>
<ns0:LawSectionVersion id="id_235BA504-3B1B-4C79-976A-6F27DF2DCC1E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Pursuant to subdivision (a) of Section 13352 and except as required under Section 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, if the court refers the person to a program pursuant to paragraph (2) of subdivision (b) of Section 23538, the privilege shall be suspended for 16 months.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538 of this code. For the purposes of this subdivision, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2033.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_24C52089-112F-4147-8DD3-BCC46F1713E3">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13352.4.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2017, Ch. 485, Sec. 7) by Stats. 2025, Ch. 689, Sec. 5. [id_25df348e-c630-11f0-975c-e301db986e9c]">
Section 13352.4 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
, as amended by Section 5 of Chapter 689 of the Statutes of 2025, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_018683BD-43B4-44A3-8E0E-19E6A6A9AF26">
<ns0:Num>13352.4.</ns0:Num>
<ns0:LawSectionVersion id="id_A039684B-2AA4-41DD-A02E-54754774DE8C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (h), or when the court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Submits proof satisfactory to the department of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Submits proof of financial responsibility, as defined in Section 16430.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect for
the duration of the suspension period required under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 and until the date all reinstatement requirements described in Section 13352 or 13352.1 have been met.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is
received by the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in
Section 13352 or 13352.1 have been met, whichever date is later.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If, upon conviction, the
court has made the determination, as authorized under Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
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<ns0:BillSection id="id_D87DB8CB-C64F-428C-9E02-0B422E805F3B">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:VEH:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23575.3.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 23575.3 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1C4DB0DB-F878-43E2-8E0F-7751F9CFFE96">
<ns0:Num>23575.3.</ns0:Num>
<ns0:LawSectionVersion id="id_05721733-1C68-4C56-9885-3C77F66338FA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that the person is required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that the person is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The
records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
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A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
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<html:p>
(A)
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Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.
</html:p>
<html:p>
(B)
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Provide to the department proof of installation by submitting the
“Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
</html:p>
<html:p>
(C)
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Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
</html:p>
<html:p>
(2)
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A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time the person purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
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<html:p>
(A)
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The person does not own a vehicle.
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<html:p>
(B)
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The person does not have access to a vehicle at their residence.
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<html:p>
(C)
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The person no longer has access to the vehicle they were driving at the time
they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
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<html:p>
(D)
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The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
</html:p>
<html:p>
(E)
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The person acknowledges that they are required to have a valid driver’s license before they can drive.
</html:p>
<html:p>
(F)
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The person acknowledges that they are subject to the requirements of this section when the person purchases or has access to a vehicle.
</html:p>
<html:p>
(e)
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In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to Section 13352 or 13352.4, the department shall place a
restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
</html:p>
<html:p>
(f)
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(1)
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A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
</html:p>
<html:p>
(2)
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The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
</html:p>
<html:p>
(g)
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The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
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<html:p>
(h)
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A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows:
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<html:p>
(1)
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A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 shall be required to do the following, as applicable:
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<html:p>
(A)
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Upon a conviction with no priors, punishable under Section 23536, only one of the following may occur:
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<html:p>
(i)
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The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person
from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
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<html:p>
(ii)
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The person may apply to the department for a restriction of the driving privilege under Section 13352.4.
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<html:p>
(iii)
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The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.
</html:p>
<html:p>
(B)
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Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
</html:p>
<html:p>
(C)
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Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
</html:p>
<html:p>
(2)
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A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
</html:p>
<html:p>
(C)
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Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
</html:p>
<html:p>
(D)
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Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e),
or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10 years of the current violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which they had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75.
</html:p>
<html:p>
(i)
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Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
</html:p>
<html:p>
(j)
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If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not be credited towards the
mandatory term for which the ignition interlock device is required to be installed.
</html:p>
<html:p>
(k)
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(1)
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Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
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<html:p>
(A)
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A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program
requirements.
</html:p>
<html:p>
(B)
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A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
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<html:p>
(C)
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A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
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<html:p>
(D)
<html:span class="EnSpace"/>
A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or
manufacturer’s agent or authorized installer is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
</html:p>
<html:p>
(G)
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The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to
subparagraphs (A) to (E), inclusive.
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<html:p>
(2)
<html:span class="EnSpace"/>
The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
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<html:p>
(A)
<html:span class="EnSpace"/>
The previous year’s federal income tax return.
</html:p>
<html:p>
(B)
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The previous three months of weekly or monthly income statements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Employment Development Department verification of unemployment benefits.
</html:p>
<html:p>
(l)
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The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender
subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
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<html:p>
(m)
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This section does not permit a person to drive without a valid driver’s license.
</html:p>
<html:p>
(n)
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The requirements of this section are in addition to any other requirements of law.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Bypass” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Failure to take any random retest.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Operates” includes operating a vehicle that is not owned by the person subject to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Owned” means solely owned or owned in conjunction with another person or legal entity.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2019.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_4F4AD5CA-6067-457A-A597-7653A5E40A6F">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>