AB 330: Highway safety.

Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions.

Existing law requires the Department of Motor Vehicles to immediately suspend a persons privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officers request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted drivers license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the persons vehicle.

This bill would would, until January 1, 2022, authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as defined, as a condition of probation, parole, sentence, or work permit, probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of pretrial release on bond for a person who has been charged with a crime described above, as specified. The bill would define a 24/7 Sobriety program, in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would authorize use of participation in a 24/7 Sobriety program in conjunction with participation in an ignition interlock device program. The bill would require a person participating in the program to pay the program costs, commensurate with the persons ability to pay, as specified.