HB 62 Driving Under the Influence Modifications was a significant, multi-year effort to expand ignition interlock options as a way to reinstate driving privileges. Previously, in order to qualify for a reinstatement, you had to take a risk assessment approved by the DLD and be deemed low-risk. This bill allows people to keep their driving privileges after first-time DUIs or first-time refusals. Drivers who chose early reinstatement by electing to become an ignition interlock restricted driver will no longer be subject to a license suspension upon a first offense DUI conviction. However, if drivers do not successfully complete the early reinstatement program and are convicted (i.e., remove the device early), they receive no credit towards a subsequent suspension triggered by a DUI conviction. Additionally, drivers with revoked licenses based on a first refusal may apply for a new license after 90 days from the revocation date (down from 18 months). Furthermore, their license will not be impacted by a first offense DUI conviction so long as they complete the three years interlock restriction for a refusal. If they do not complete the full three years, the DLD will suspend for 120 days if convicted of a first offense DUI. The bill also allows participation in the 24/7 program for first-time refusals, but since clients can restore driving privileges through the interlock program, the 24/7 program mainly helps people avoid minimum mandatory jail under the statute. Unfortunately, the bill also provides that persons convicted of Negligently Operating a Motor Vehicle Resulting in Injury or Negligently Operating a Motor Vehicle Resulting in Death are no longer eligible for 24/7 participation. There are additional nuanced changes not addressed here but will be covered by Josh Egan in the upcoming UACDL DUI Seminar in May.

HB 236 Driving Under the Influence Testing Amendments gives law enforcement civil and criminal immunity to liability from drawing a blood sample from a person suspected of DUI if the blood is drawn in a secure area within a law enforcement facility with a valid warrant or consent.

HB 369 DUI Amendments combines separate sections that include the elements of a driving under the influence offense into a single section and the elements of a refusal of a chemical test offense into a single section.

SB 80 Driver License Suspension and Revocation Amendments allows a court to reinstate a person’s driving privileges if a person is participating in or has completed a “problem solving court program approved by the Judicial Council,” including a DUI or drug court program, and has elected to become an interlock restricted driver during the time frame of the prescribed suspension period.