Alcohol Monitoring For Impaired Driving Offenders

Under existing law, a person whose driver's license has been revoked for one year or more because of a conviction for DUI, DUI per se, DWAI, or excess BAC, or a person whose license has been revoked for 9 months for a first offense for DUI, DUI per se, or excess BAC, may apply for early reinstatement with an interlock-restricted license after the person's license has been revoked for one month. The bill permits a person to apply for an early reinstatement with an interlock-restricted license immediately.

Existing law permits a court to order continuous alcohol monitoring for a person sentenced to probation following a second or subsequent conviction for DUI, DUI per se, or DWAI. The bill requires at least 90 days of continuous alcohol monitoring for a person sentenced to probation following a third or subsequent offense, or a felony offense, for DUI, DUI per se, or DWAI. The bill adds an exception for any continuous alcohol monitoring if the court finds that ordering monitoring would not be in the interest of justice or if the person's residence is in an area where the person cannot reasonably acquire a monitoring device.

The bill requires the judicial district's probation department to pay the costs of continuous alcohol monitoring for a person who is unable to pay and clarifies that money in the offender services fund can be used to pay those costs.

The bill appropriates $517,292 to the judicial department; $10,294 to the department of revenue; and $1,386 to the office of the governor for use by the office of information technology.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)