Cal. VEH § 13353.75 — California Code / Code veh / Division 6 / Chapter 2 / Article 3 / Section 13353.75
Section 13353.75
Status: in_force

(a) Subject to subdivision (d), a person whose driving privilege has been suspended under Section 13353.2, and who has been previously convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or whose privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question may apply to the department for a restricted driver’s license on or after the effective date specified in Section 13353.3, if the person meets all of the following requirements:

(1) (A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.

(B) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.

(C) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall immediately terminate the restriction and reinstate the suspension of the privilege to operate a motor vehicle. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person.

(D) For the purposes of this section, enrollment, participation, and completion of an approved program shall occur 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.

(2) (A) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility, as defined in Section 16430.

(B) If the driving privilege is restricted under this section, proof of financial responsibility, as described 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 pursuant to Section 16484 is received by the department.

(3) The person installs a functioning, certified ignition interlock device on any vehicle that the person operates and submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.

(4) The person agrees to maintain the functioning, certified ignition interlock device as required under subdivision (g).

(5) The person pays all applicable reinstatement or reissue fees.

(b) The restriction shall remain in effect for the remaining period of the original suspension period under Section 13353.3.

(c) Notwithstanding subdivisions (a) and (b), and upon a conviction under Section 23152 or 23153 for the current offense, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352 or 13352.1.

(d) (1) 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 Section 13353.2 is not eligible for the restricted driver’s license authorized under this section.

(2) 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).

(e) The department shall terminate the restriction issued pursuant to this section and shall immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification from the ignition interlock device installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device 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 ignition interlock device. The privilege shall remain suspended for the remaining mandatory suspension period imposed pursuant to Section 13353.3. However, 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.

(f) Notwithstanding any other law, a person whose driving privilege has been suspended under Section 13353.2, who is eligible for a restricted driver’s license as provided for in this section, and who installs a functioning, certified ignition interlock device pursuant to this section, shall receive credit toward the mandatory term the person is required to install a functioning, certified ignition interlock device pursuant to Section 23575.3 for a conviction of a violation arising out of the same occurrence that led to the person’s driving privilege being suspended pursuant to Section 13352 or 13352.1 equal to the period of time the person installs a functioning, certified ignition interlock device pursuant to this section or Section 13353.75.

(g) 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 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.

(h) For the purposes of this section, the following definitions apply:

(1) “Bypass” means either of the following:

(A) Failure to take any random retest.

(B) 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.

(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.

(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.

(4) “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.

(5) “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.

(i) The restriction conditions specified in this section shall apply only to a person who is suspended under Section 13353.2 for a violation that occurred on or after January 1, 2019.

(j) This section shall become operative January 1, 2019.

(k) 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.