(a) 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 10 months.
(b) 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.
(c) (1) 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 he or she may apply to the department for a restricted driver’s license if the person meets all of the following requirements:
(A) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
(B) 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.
(C) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (B).
(D) The person does both of the following:
(i) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(ii) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (e).
(E) The person provides proof of financial responsibility, as defined in Section 16430.
(F) The person pays all reissue fees and any restriction fee required by the department.
(G) 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.
(2) The restriction shall remain in effect for the period required in subdivision (d).
(d) (1) 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.
(2) 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.
(3) 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.
(e) 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.
(f) (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 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.
(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 (c).
(g) For the purposes of this section, “bypass” means either of the following:
(1) Failure to take any random retest.
(2) 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.
(h) 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.
(i) 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.
(j) This section shall become operative on January 1, 2019.
(k) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Repealed (in Sec. 4) and added by Stats. 2017, Ch. 485, Sec. 5. (SB 611) Effective January 1, 2018. Section operative January 1, 2019, by its own provisions. Repealed on January 1, 2026, by its own provisions. See later operative version added by Sec. 6 of Stats. 2017, Ch. 485.)