23700. (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce
the number of first-time violations and repeat offenses of Sections
23152 and 23153, as follows:
(1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), 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.
(2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an 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.
(B) 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.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months.
(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (1) 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 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:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(c) This section does not permit a person to drive without a valid
driver's license.
(d) The requirements of this section are in addition to any other
requirements of law.
(e) For the purposes of this section, "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.
(f) This section shall become operative on July 1, 2010.
23700.5. The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
23701. On or before January 1, 2015, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Sacramento, and
Tulare.
23702. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
23700. (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce
the number of first-time violations and repeat offenses of Sections
23152 and 23153, as follows:
(1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), 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.
(2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an 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.
(B) 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.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months.
(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (1) 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 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:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(c) This section does not permit a person to drive without a valid
driver's license.
(d) The requirements of this section are in addition to any other
requirements of law.
(e) For the purposes of this section, "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.
(f) This section shall become operative on July 1, 2010.
23700.5. The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
23701. On or before January 1, 2015, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Sacramento, and
Tulare.
23702. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
23700. (a) Notwithstanding any other provision of law, the
Department of Motor Vehicles shall establish a pilot program in the
Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce
the number of first-time violations and repeat offenses of Sections
23152 and 23153, as follows:
(1) The Department of Motor Vehicles, upon receipt of the court's
abstract conviction for a violation listed in paragraph (7), 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.
(2) The department shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
(3) Before a driver's license may be issued, reissued, or returned
to a person after a suspension or revocation of that person's
driving privilege that requires the installation of an ignition
interlock device, a person who is notified by the department pursuant
to paragraph (1) shall complete all of the following:
(A) Arrange for each vehicle owned or operated by the person to be
fitted with an ignition interlock device by a certified ignition
interlock device provider under Section 13386.
(B) Notify the department and provide to the department proof of
installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay the fee, determined by the department, that is sufficient
to cover the costs of administration of this section.
(4) The department shall place a restriction on the driver's
license record of the convicted person that states the driver is
restricted to driving only vehicles equipped with a certified
ignition interlock device.
(5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an 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.
(B) 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.
(6) The department shall monitor the installation and maintenance
of the ignition interlock device installed pursuant to paragraph (1).
(7) A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person's driver's
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months.
(C) The terms prescribed in this paragraph shall begin once a
person has provided to the department proof of installation pursuant
to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
(8) A person who is notified by the department, pursuant to this
subdivision, is exempt from the requirements of this subdivision if
within 30 days of the notification, the person certifies to the
department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her
residence.
(C) The person no longer has access to the vehicle being driven by
the person at the time he or she was arrested for a violation that
subsequently resulted in a conviction for a violation listed in this
subdivision.
(D) The person acknowledges that he or she is only allowed to
drive a vehicle that is fitted with a functioning ignition interlock
device.
(E) The person acknowledges that he or she is required to have a
valid driver's license before he or she can drive.
(F) The person is subject to the requirements of this section when
he or she purchases or has access to a vehicle.
(9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575
apply to this section.
(10) If a person fails to comply with any of the requirements
regarding ignition interlock devices, the mandatory term for which
the ignition interlock device is required to be installed shall be
reset by the department.
(b) (1) 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 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:
(A) A person with an income at 100 percent of the federal poverty
level and below is responsible for 10 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(B) A person with an income at 101 to 200 percent of the federal
poverty level is responsible for 25 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(C) A person with an income at 201 to 300 percent of the federal
poverty level is responsible for 50 percent of the cost of the
ignition interlock device. The ignition interlock device provider is
responsible for absorbing the cost of the ignition interlock device
that is not paid by the person.
(D) All other offenders are responsible for 100 percent of the
cost of the ignition interlock device.
(2) The cost of the ignition interlock device may only be raised
annually equal to the Consumer Price Index.
(3) The offender's income may be verified by presentation of that
person's current federal income tax return or three months of monthly
income statements.
(c) This section does not permit a person to drive without a valid
driver's license.
(d) The requirements of this section are in addition to any other
requirements of law.
(e) For the purposes of this section, "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.
(f) This section shall become operative on July 1, 2010.
23700.5. The department shall not implement Section 23700 if, by
January 31, 2010, the department fails to obtain nonstate funds for
the programming costs of the pilot program specified in Section
23700.
23701. On or before January 1, 2015, the Department of Motor
Vehicles shall report to the Legislature regarding the effectiveness
of the pilot program authorized under this chapter in reducing the
number of first-time violations and repeat offenses of Sections 23152
and 23153 in the Counties of Alameda, Los Angeles, Sacramento, and
Tulare.
23702. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
