VEHICLE CODE
SECTION 23700-23702
23700.  (a) Notwithstanding any other provision of law, theDepartment of Motor Vehicles shall establish a pilot program in theCounties of Alameda, Los Angeles, Sacramento, and Tulare to reducethe number of first-time violations and repeat offenses of Sections23152 and 23153, as follows: (1) The Department of Motor Vehicles, upon receipt of the court'sabstract conviction for a violation listed in paragraph (7), shallinform the convicted person of the requirements of this section,including the term for which the person is required to have acertified ignition interlock device installed. The records of thedepartment shall reflect the mandatory use of the device for the termrequired and the time when the device is required to be installed bythis code. (2) The department shall advise the person that installation of anignition interlock device on a vehicle does not allow the person todrive without a valid driver's license. (3) Before a driver's license may be issued, reissued, or returnedto a person after a suspension or revocation of that person'sdriving privilege that requires the installation of an ignitioninterlock device, a person who is notified by the department pursuantto paragraph (1) shall complete all of the following: (A) Arrange for each vehicle owned or operated by the person to befitted with an ignition interlock device by a certified ignitioninterlock device provider under Section 13386. (B) Notify the department and provide to the department proof ofinstallation by submitting the "Verification of Installation" formdescribed in paragraph (2) of subdivision (g) of Section 13386. (C) Pay the fee, determined by the department, that is sufficientto cover the costs of administration of this section. (4) The department shall place a restriction on the driver'slicense record of the convicted person that states the driver isrestricted to driving only vehicles equipped with a certifiedignition interlock device. (5) (A) A person who is notified by the department pursuant toparagraph (1) shall arrange for each vehicle with an ignitioninterlock device to be serviced by the installer at least once every60 days in order for the installer to recalibrate and monitor theoperation of the device. (B) The installer shall notify the department if the device isremoved or indicates that the person has attempted to remove, bypass,or tamper with the device, or if the person fails three or moretimes to comply with any requirement for the maintenance orcalibration of the ignition interlock device. (6) The department shall monitor the installation and maintenanceof the ignition interlock device installed pursuant to paragraph (1). (7) A person is required to install an ignition interlock devicefor the applicable term as a condition of being issued a restricteddriver's license, being reissued a driver's license, or having theprivilege to operate a motor vehicle reinstated subsequent to aconviction for a violation or a suspension of a person's driver'slicense, as follows: (A) A person convicted of a violation of Section 23152 shall berequired to install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignitioninterlock device in all vehicles owned or operated by that person fora mandatory term of five months. (ii) Upon a second offense, the person shall install an ignitioninterlock device in all vehicles owned or operated by that person fora mandatory term of 12 months. (iii) Upon a third offense, the person shall install an ignitioninterlock device in all vehicles owned or operated by that person fora mandatory term of 24 months. (iv) Upon a fourth offense or any subsequent violation, the personshall install an ignition interlock device in all vehicles owned oroperated by that person for a mandatory term of 36 months. (B) A person convicted of a violation of Section 23153 shallinstall an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignitioninterlock device in all vehicles owned or operated by that person fora mandatory term of 12 months. (ii) Upon a second offense, the person shall install an ignitioninterlock device in all vehicles owned or operated by that person fora mandatory term of 24 months. (iii) Upon a third offense, the person shall install an ignitioninterlock device in all vehicles owned or operated by that person fora mandatory term of 36 months. (iv) Upon a fourth offense or any subsequent violation, the personshall install an ignition interlock device in all vehicles owned oroperated by that person for a mandatory term of 48 months. (C) The terms prescribed in this paragraph shall begin once aperson has provided to the department proof of installation pursuantto paragraph (2) of subdivision (h) of Section 13386 and uponrestoration of the driving privilege pursuant to Section 13352. (8) A person who is notified by the department, pursuant to thissubdivision, is exempt from the requirements of this subdivision ifwithin 30 days of the notification, the person certifies to thedepartment 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 herresidence. (C) The person no longer has access to the vehicle being driven bythe person at the time he or she was arrested for a violation thatsubsequently resulted in a conviction for a violation listed in thissubdivision. (D) The person acknowledges that he or she is only allowed todrive a vehicle that is fitted with a functioning ignition interlockdevice. (E) The person acknowledges that he or she is required to have avalid driver's license before he or she can drive. (F) The person is subject to the requirements of this section whenhe or she purchases or has access to a vehicle. (9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575apply to this section. (10) If a person fails to comply with any of the requirementsregarding ignition interlock devices, the mandatory term for whichthe ignition interlock device is required to be installed shall bereset by the department. (b) (1) Every manufacturer and manufacturer's agent certified bythe department to provide ignition interlock devices, under Section13386, shall adopt the following fee schedule that provides for thepayment of the costs of the ignition interlock device by offenderssubject to this chapter in amounts commensurate with that person'sincome relative to the federal poverty level, as defined in Section127400 of the Health and Safety Code: (A) A person with an income at 100 percent of the federal povertylevel and below is responsible for 10 percent of the cost of theignition interlock device. The ignition interlock device provider isresponsible for absorbing the cost of the ignition interlock devicethat is not paid by the person. (B) A person with an income at 101 to 200 percent of the federalpoverty level is responsible for 25 percent of the cost of theignition interlock device. The ignition interlock device provider isresponsible for absorbing the cost of the ignition interlock devicethat is not paid by the person. (C) A person with an income at 201 to 300 percent of the federalpoverty level is responsible for 50 percent of the cost of theignition interlock device. The ignition interlock device provider isresponsible for absorbing the cost of the ignition interlock devicethat is not paid by the person. (D) All other offenders are responsible for 100 percent of thecost of the ignition interlock device. (2) The cost of the ignition interlock device may only be raisedannually equal to the Consumer Price Index. (3) The offender's income may be verified by presentation of thatperson's current federal income tax return or three months of monthlyincome statements. (c) This section does not permit a person to drive without a validdriver's license. (d) The requirements of this section are in addition to any otherrequirements of law. (e) For the purposes of this section, "vehicle" does not include amotorcycle until the state certifies an ignition interlock devicethat can be installed on a motorcycle. A person subject to anignition interlock device restriction shall not operate a motorcyclefor 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, byJanuary 31, 2010, the department fails to obtain nonstate funds forthe programming costs of the pilot program specified in Section23700.23701.  On or before January 1, 2015, the Department of MotorVehicles shall report to the Legislature regarding the effectivenessof the pilot program authorized under this chapter in reducing thenumber of first-time violations and repeat offenses of Sections 23152and 23153 in the Counties of Alameda, Los Angeles, Sacramento, andTulare.23702.  This chapter shall remain in effect only until January 1,2016, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2016, deletes or extendsthat date.