BILL NUMBER: SB 1694	CHAPTERED  09/16/04

	CHAPTER  550
	FILED WITH SECRETARY OF STATE  SEPTEMBER 16, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 23, 2004
	AMENDED IN ASSEMBLY  AUGUST 18, 2004
	AMENDED IN ASSEMBLY  JUNE 9, 2004
	AMENDED IN SENATE  MAY 17, 2004
	AMENDED IN SENATE  APRIL 28, 2004

INTRODUCED BY   Senators Torlakson and Speier
   (Coauthors:  Senators Machado and Ortiz)
   (Coauthor:  Assembly Member Liu)

                        FEBRUARY 20, 2004

   An act to amend Section 68152 of the Government Code, and to amend
Sections 1808, 13352, 13352.6, 13353, 13353.1, 13353.3, 13353.7,
13353.8, 23217, 23502, 23540, 23546, 23550, 23560, 23566, 23575,
23612, 23622, and 23646 of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1694, Torlakson.  Driving under the influence:  sanction.
   (1) Under existing law, it is unlawful to drive a motor vehicle
while under the influence of alcohol, a drug, or both, or 0.08% or
more, by weight, of alcohol in one's blood, or while addicted to the
use of a drug.  There is another crime of driving under the influence
of alcohol, a drug, or both, or with 0.08% or more, by weight,
alcohol in one's blood, and causing injury to another person.  Under
existing law, for violations of each of these offenses, commonly
known as driving under the influence and driving under the influence
causing injury, respectively, (DUI) a court may impose sanctions, as
specified.  Existing law imposes increased sanctions on persons who
have previously been convicted of DUI offenses within 7 years of the
commission of the current offense.
   This bill would substitute a 10-year condition for the 7-year
condition as a condition to imposing the increased sanctions on
repeat offenders and would make conforming changes.  Because this
would thereby increase the level of service on local law enforcement
agencies, this bill would impose a state-mandated local program.
   (2) Existing law authorizes a court to order a person convicted of
a DUI offense to attend an alcohol and drug problem assessment
program.
   This bill would require a court to order a person who has
previously been convicted of either a DUI offense that occurred over
10 years ago or disorderly conduct based on being found in a public
place under the influence of alcohol or drugs, and who is currently
convicted of a DUI offense to attend and complete that program.  The
bill would require the court to rely on certain information and
records regarding the existence of a previous conviction occurring
more than 10 years ago.  The bill would authorize a court, if the
program assessment recommends additional treatment, to order the
person to enroll, participate, and complete an enhanced treatment
program.
  (3) Existing law requires a court to order a person to participate
in an alcohol and drug problem assessment program if the person is
convicted of a DUI offense that occurred within 7 years of a separate
conviction of a DUI offense in which the person was required to
attend a licensed program pursuant to a court order and the person
failed to comply with the rules and policies of the licensed program,
other than a rule relating to the payment of fees.
   This bill would impose the above required court order based solely
on the person being convicted of a DUI offense that occurred within
10 years of a separate violation of a DUI offense that resulted in a
conviction, and would remove the requirement that the person had
previously been court ordered to attend a licensed program and had
failed to comply with the program's rules and policies.
   (4) This bill would incorporate amendments to Section 13352 of the
Vehicle Code contained in SB 1541 and SB 1697, with the amendments
from each bill to become operative only if that section is amended by
each bill or both bills, and if this bill is enacted after the other
bill or bills.
   (5) This bill would incorporate additional changes in Section
13352.6 of the Vehicle Code proposed by SB 1696, to be operative only
if this bill and SB 1696 are enacted and become effective on or
before January 1, 2005, each bill amends Section 13352.6 of the
Vehicle Code, and this bill is enacted last.
   (6) This bill would incorporate amendments to Section 13353 of the
Vehicle Code contained in AB 3049 and SB 1697, with the amendments
from each bill to become operative only if that section is amended by
each bill, and this bill is enacted after the other bills.
   (7) This bill would incorporate additional changes in Section
13353.3 of the Vehicle Code proposed by SB 1697, to be operative only
if this bill and SB 1697 are enacted and become effective on or
before January 1, 2005, each bill amends Section 13353.3 of the
Vehicle Code, and this bill is enacted last.
   (8) This bill would incorporate amendments to Section 13353.7 of
the Vehicle Code contained in AB 3049 and SB 1697, with the
amendments from each bill to become operative only if that section is
amended by each bill, and this bill is enacted after the other
bills.
   (9) This bill would incorporate additional changes in Section
23540 of the Vehicle Code proposed by SB 1697, to be operative only
if this bill and SB 1697 are enacted and become effective on or
before January 1, 2005, each bill amends Section 23540 of the Vehicle
Code, and this bill is enacted last.
   (10) This bill would incorporate additional changes in Section
23612 of the Vehicle Code proposed by SB 1429, to be operative only
if this bill and SB 1429 are enacted and become effective on or
before January 1, 2005, each bill amends Section 23612 of the Vehicle
Code, and this bill is enacted last.
   (11) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares the following:
   (a) Driving under the influence of alcohol or drugs, or both,
(DUI) continues to be a significant threat to the public health and
safety.
   (b) Despite significant progress and declining rates of DUI in the
last two decades, fatalities associated with this conduct have
increased for the past several years.
   (c) Two hundred thirty-six more people died from DUI conduct in
2001 than did in 1998.
   (d) Nearly 180,000 people were arrested for DUI offenses in 2001,
including 25 percent of whom were repeat offenders.
  SEC. 2.  Section 68152 of the Government Code is amended to read:
   68152.  The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:

   (a) Adoption:  retain permanently.
   (b) Change of name:  retain permanently.
   (c) Other civil actions and proceedings, as follows:
   (1) Except as otherwise specified:  10 years.
   (2) Where a party appears by a guardian ad litem:  10 years after
termination of the court's jurisdiction.
   (3) Domestic violence:  same period as duration of the restraining
or other orders and any renewals, then retain the restraining or
other orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
   (4) Eminent domain:  retain permanently.
   (5) Family law, except as otherwise specified:  30 years.
   (6) Harassment:  same period as duration of the injunction and any
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
   (7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act):  30 years.
   (8) Paternity:  retain permanently.
   (9) Petition, except as otherwise specified:  10 years.
   (10) Real property other than unlawful detainer:  retain
permanently if the action affects title or an interest in real
property.
   (11) Small claims:  10 years.
   (12) Unlawful detainer:  one year if judgment is for possession of
the premises; 10 years if judgment is for money.
   (d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
   (1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules:  one year.
   (2) Voluntarily dismissed by a party without entry of judgment:
one year.
   Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
   (e) Criminal.
   (1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty):  retain permanently.  If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
   (2) Felony, except as otherwise specified:  75 years.
   (3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court:  five years.
   (4) Misdemeanor, except as otherwise specified:  five years.
   (5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified:  three years.
   (6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code:  10 years.
   (7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, or 23109 of the Vehicle Code:  five years.
   (8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code:  records shall be destroyed two years from
the date of conviction or from the date of arrest if no conviction.
   (9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance:  three years.
   (10) Infraction, except as otherwise specified:  three years.
   (11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
   (f) Habeas corpus:  same period as period for retention of the
records in the underlying case category.
   (g) Juvenile.
   (1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code.  Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
   (2) Ward (Section 601 of the Welfare and Institutions Code):  upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code.  Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
   (3) Ward (Section 602 of the Welfare and Institutions Code):  upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code.  Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.

   (4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code):  upon reaching
age 21 or five years after jurisdiction over the person has
terminated under subdivision (c) of Section 826 of the Welfare and
Institutions Code.  May be microfilmed or photocopied.
   (5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
  upon reaching age 18 the records shall be destroyed.
   (h) Probate.
   (1) Conservatorship:  10 years after decree of termination.
   (2) Guardianship:  10 years after the age of 18.
   (3) Probate, including probated wills, except as otherwise
specified:  retain permanently.
   (i) Court records of the appellate division of the superior court:
  five years.
   (j) Other records.
   (1) Applications in forma pauperis:  any time after the
disposition of the underlying case.
   (2) Arrest warrant:  same period as period for retention of the
records in the underlying case category.
   (3) Bench warrant:  same period as period for retention of the
records in the underlying case category.
   (4) Bond:  three years after exoneration and release.
   (5) Coroner's inquest report:  same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
   (6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders:  three years.
   (7) Court reporter notes:  10 years after the notes have been
taken in criminal and juvenile proceedings and five years after the
notes have been taken in all other proceedings, except notes
reporting proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
   (8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court:  any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
   (9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court:  any time
either before or after final disposition of the case.
   (10) Index, except as otherwise specified:  retain permanently.
   (11) Index for cases alleging traffic violations:  same period as
period for retention of the records in the underlying case category.

   (12) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
   (13) Judgments in misdemeanor cases, infraction cases, and limited
civil cases:  same period as period for retention of the records in
the underlying case category.
   (14) Minutes:  same period as period for retention of the records
in the underlying case category.
   (15) Naturalization index:  retain permanently.
   (16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code):  same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
   (17) Register of actions or docket:  same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
   (18) Search warrant:  10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
   (k) Retention of any of the court records under this section shall
be extended as follows:
   (1) By order of the court on its own motion, or on application of
a party or any interested member of the public for good cause shown
and on those terms as are just.  A fee shall not be charged for
making the application.
   (2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
  SEC. 3.  Section 1808 of the Vehicle Code is amended to read:
   1808.  (a) Except where a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents where, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours.  All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
   (b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
   (1) Seven years for any violation designated as two points
pursuant to Section 12810.
   (2) Three years for accidents and all other violations.
   (c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 or 11350.6 of the Welfare and Institutions
Code shall be disclosed only during the actual time period in which
the suspension is in effect.
   (d) The department shall not make available or disclose any
suspension or revocation that has been judicially set aside or
stayed.
   (e) The department shall not make available or disclose personal
information about any person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.).  However, any disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
   (f) The department shall make available or disclose to the courts
and law enforcement agencies any conviction of Section 23103, as
specified in Section 23103.5, or any conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by any other
applicable provisions of California law.
   (g) The department shall make available or disclose to the courts
and law enforcement agencies any conviction of Section 191.5, or
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
punished as a felony, for the purpose of imposing penalties mandated
by Section 23550.5, or by any other applicable provisions of
California law.
  SEC. 4.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile hearing officer, or a
referee of a juvenile court showing that the person has been found to
have committed a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109.  If any offense specified in this section
occurs in a vehicle defined in Section 15210, the suspension or
revocation specified below shall apply to the noncommercial driving
privilege.  The commercial driving privilege shall be disqualified as
specified in Sections 15300 to 15302, inclusive.  For the purposes
of this section, suspension or revocation shall be as follows:
   (1) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.  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.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year.  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 as described in Section 23556.
If the court, as authorized under paragraph (3) of subdivision (b) of
Section 23646, elects to order a person to enroll, participate, and
complete either program described in paragraph (4) of subdivision (b)
of Section 23542, the department shall require that program in lieu
of the program described in Section 23556.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years.  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 as
described in Section 23542.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 12 months of the suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to the
current underlying conviction, either of the following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person 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 as described in Section 23562.
For the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation.  No credit shall be given to any program
activities completed prior to the date of the current violation.  The
department shall advise the person that after the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code or, if available in
the county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23566, the privilege shall be revoked for a period of five years.
The privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if a
30-month program is unavailable in the person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month program licensed
pursuant to Section 11836 of the Health and Safety Code.  Unless good
cause is shown, the court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153
                 punishable under Section 23550.5 the privilege shall
be revoked for a period of four years.  The privilege may not be
reinstated until the person gives proof of financial responsibility
and proof satisfactory to the department of successful completion of
one of the following programs:  an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (e) of that section,
the privilege shall be suspended for a period of 90 days to six
months, if and as ordered by the court.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (f) of that section,
the privilege shall be suspended for a period of six months, if the
court orders the department to suspend the privilege.  The privilege
may not be reinstated until the person gives proof of financial
responsibility.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) Each judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for purposes of this section, and a conviction of an
offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section.  The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), 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 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
originating suspension or revocation and until all reinstatement
requirements described in this section are met.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.

  SEC. 4.1.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile hearing officer, or a
referee of a juvenile court showing that the person has been found to
have committed a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109.  If any offense specified in this section
occurs in a vehicle defined in Section 15210, the suspension or
revocation specified below shall apply to the noncommercial driving
privilege.  The commercial driving privilege shall be disqualified as
specified in Sections 15300 to 15302, inclusive.  For the purposes
of this section, suspension or revocation shall be as follows:
   (1) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.  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.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year.  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 as described in Section 23556.
If the court, as authorized under paragraph (3) of subdivision (b) of
Section 23646, elects to order a person to enroll, participate, and
complete either program described in paragraph (4) of subdivision (b)
of Section 23542, the department shall require that program in lieu
of the program described in Section 23556.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years.  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 as
described in Section 23542.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 12 months of the suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to the
current underlying conviction, either of the following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person 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 as described in Section 23562.
For the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation.  Credit shall not be given to any program
activities completed prior to the date of the current violation.  The
department shall advise the person that after the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code or, if available in
the county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23566, the privilege shall be revoked for a period of five years.
The privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if a
30-month program is unavailable in the person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs:  an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.   Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court.  The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for purposes of this section, and a conviction of an
offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section.  The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
  SEC. 4.2.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile hearing officer, or a
referee of a juvenile court showing that the person has been found to
have committed a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109.  If any offense specified in this section
occurs in a vehicle defined in Section 15210, the suspension or
revocation specified below shall apply to the noncommercial driving
privilege.  The commercial driving privilege shall be disqualified as
specified in Sections 15300 to 15302, inclusive.  For the purposes
of this section, suspension or revocation shall be as follows:
   (1) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.  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.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate and complete either program described in paragraph (4)
of subdivision (h) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year.  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 as described in Section 23556.
If the court, as authorized under paragraph (3) of subdivision (b) of
Section 23646, elects to order a person to enroll, participate, and
complete either program described in paragraph (4) of subdivision (h)
of Section 23542, the department shall require that program in lieu
of the program described in Section 23556.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years.  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 as described in Section 23542.
For the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation.  Credit shall not be given to any program
activities completed prior to the date of the current violation.  The
department shall advise the person that after completion of 12
months of the suspension period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily provided, subsequent to the
current underlying conviction, either of the following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person 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 as described in Section 23562.
For the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation.  No credit shall be given to any program
activities completed prior to the date of the current violation.  The
department shall advise the person that after the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code or, if available in
the county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23566, the privilege shall be revoked for a period of five years.
The privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if a
30-month program is unavailable in the person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month program licensed
pursuant to Section 11836 of the Health and Safety Code.  Unless good
cause is shown, the court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs:  an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (e) of that section,
the privilege shall be suspended for a period of 90 days to six
months, if and as ordered by the court.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (f) of that section,
the privilege shall be suspended for a period of six months, if the
court orders the department to suspend the privilege.  The privilege
may not be reinstated until the person gives proof of financial
responsibility.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) Each judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for purposes of this section, and a conviction of an
offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section.  The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), 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 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
originating suspension or revocation and until all reinstatement
requirements described in this section are met.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.

   (g) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2006, delete
or extends the dates on which it becomes inoperative and is repealed.

  SEC. 4.3.  Section 13352 is added to the Vehicle Code, to read:
   13352.  (a) The department shall immediately suspend or revoke,
the privilege of a person to operate a motor vehicle upon the receipt
of an abstract of the record of any court showing that the person
has been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109.  If any offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege.  The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive.  For
the purposes of this section, suspension or revocation shall be as
follows:
   (1) Except as required under Section 13352.4, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23536, the privilege shall be suspended for a period of six months.
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.  If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate, and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538.  For the
purposes of this paragraph, enrollment, participation, and completion
of an approved program shall be subsequent to the date of the
current violation.  Credit shall not be given to any program
activities completed prior to the date of the current violation.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year.  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 as described in Section 23556.
If the court, as authorized under paragraph (3) of subdivision (b) of
Section 23646, elects to order a person to enroll, participate, and
complete either program described in paragraph (4) of subdivision (b)
of Section 23542, the department shall require that program in lieu
of the program described in Section 23556.  For the purposes of this
paragraph, enrollment, participation, and completion of an approved
program shall be subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior
to the date of the current violation.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years.  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 as
described in subdivision (b) of Section 23542.  For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation.  Credit shall not be given to any program activities
completed prior to the date of the current violation.  The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for any suspension period
served under subdivision (c) of Section 13353.3, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
   (A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person 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 as described in subdivision (b)
of Section 23562.  For the purposes of this paragraph, 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.  The department shall advise the person that after
the completion of 18 months of the revocation period, which may
include credit for any suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code as described in
subdivision (b) or (c) of Section 23548 or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 18 months of the revocation period,
which may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code as described in subdivision (b)
or (c) of Section 23548, or, if available in the county of the person'
s residence or employment, a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.  Unless good cause is shown, the court shall order the
referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
         (G) The restriction shall remain in effect for the period
required in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years.  The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 30 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if a
30-month program is unavailable in the person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month program licensed
pursuant to Section 11836 of the Health and Safety Code.  Unless good
cause is shown, the court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs:  an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 24 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (e) of that section,
the privilege shall be suspended for a period of 90 days to six
months, if and as ordered by the court.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 punishable under subdivision (f) of that section,
the privilege shall be suspended for a period of six months, if the
court orders the department to suspend the privilege.  The privilege
may not be reinstated until the person gives proof of financial
responsibility.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) Each judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for purposes of this section, and a conviction of an
offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section.  The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), 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.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.

   (g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
   (h) This section shall become operative on September 20, 2005.
  SEC. 4.4.  Section 13352 of the Vehicle Code is amended to read:
   13352.  (a) The department shall immediately suspend or revoke, or
record the court-administered suspension or revocation of, the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile hearing officer, or a
referee of a juvenile court showing that the person has been found to
have committed a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109.  If any offense specified in this section
occurs in a vehicle defined in Section 15210, the suspension or
revocation specified below shall apply to the noncommercial driving
privilege.  The commercial driving privilege shall be disqualified as
specified in Sections 15300 to 15302, inclusive.  For the purposes
of this section, suspension or revocation shall be as follows:
   (1) Upon a conviction or finding of a violation of Section 23152
punishable under Section 23536, the privilege shall be suspended for
a period of six months.  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.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in subdivision (b) of
Section 23538.
   Instead of suspending the person's driving privilege, the
department shall issue a restricted license upon receipt of an
abstract of record from the court certifying that the court has
granted probation to the person based on the conditions specified in
paragraph (2) of subdivision (a) of, and subdivision (b) of, Section
23538.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year.  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 as described in subdivision (b)
Section 23556.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years.  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 as
described in Section 23542.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation. Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 12 months of the suspension period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily provided, subsequent to the
current underlying conviction, either of the following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person 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 as described in Section 23562.
For the purposes of this paragraph, enrollment, participation, and
completion of an approved program shall be subsequent to the date of
the current violation.  Credit shall not be given to any program
activities completed prior to the date of the current violation.  The
department shall advise the person that after the completion of 18
months of the revocation period, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege shall not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code or, if available in
the county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 18 months of the revocation period,
the person may apply to the department for a restricted driver's
license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23566, the privilege shall be revoked for a period of five years.
The privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs: an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 30 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if a
30-month program is unavailable in the person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs:  an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.   Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 24 months of the revocation
period, the person may apply to the department for a restricted
driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
current underlying conviction, either of the following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court.  The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 or subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
                                                     (c) A judge of a
juvenile court, juvenile hearing officer, or referee of a juvenile
court shall immediately report the findings specified in subdivision
(a) to the department.
   (d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for purposes of this section, and a conviction of an
offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section.  The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), 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 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
originating suspension or revocation and until all reinstatement
requirements described in this section are met.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.

   (g) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2006, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 4.5.  Section 13352 is added to the Vehicle Code, to read:
   13352.  (a) The department shall immediately suspend or revoke the
privilege of a person to operate a motor vehicle upon the receipt of
an abstract of the record of any court showing that the person has
been convicted of a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109, or upon the receipt of a report of
a judge of the juvenile court, a juvenile traffic hearing officer, or
a referee of a juvenile court showing that the person has been found
to have committed a violation of Section 23152 or 23153 or
subdivision (a) of Section 23109.  If any offense specified in this
section occurs in a vehicle defined in Section 15210, the suspension
or revocation specified below shall apply to the noncommercial
driving privilege.  The commercial driving privilege shall be
disqualified as specified in Sections 15300 to 15302, inclusive.  For
the purposes of this section, suspension or revocation shall be as
follows:
   (1) Except as required under Section 13352.4, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23536, the privilege shall be suspended for a period of six months.
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.  If the court, as
authorized under paragraph (3) of subdivision (b) of Section 23646,
elects to order a person to enroll, participate and complete either
program described in paragraph (4) of subdivision (b) of Section
23542, the department shall require that program in lieu of the
program described in subdivision (b) of Section 23538.  For the
purposes of this paragraph, 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.
   (2) Upon a conviction or finding of a violation of Section 23153
punishable under Section 23554, the privilege shall be suspended for
a period of one year.  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 as described in subdivision (b)
Section 23556.  If the court, as authorized under paragraph (3) of
subdivision (b) of Section 23646, elects to order a person to enroll,
participate, and complete either program described in paragraph (4)
of subdivision (b) of Section 23542, the department shall require
that program in lieu of the program described in Section 23556.  For
the purposes of this paragraph, 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.
   (3) Except as provided in Section 13352.5, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23540, the privilege shall be suspended for two years.  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 as
described in subdivision (b) of Section 23542.  For the purposes of
this paragraph, enrollment, participation, and completion of an
approved program shall be subsequent to the date of the current
violation.  Credit shall not be given to any program activities
completed prior to the date of the current violation.  The department
shall advise the person that after completion of 12 months of the
suspension period, which may include credit for any suspension period
served under subdivision (c) of Section 13353.3, the person may
apply to the department for a restricted driver's license, subject to
the following conditions:
   (A) The person has satisfactorily provided, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) Proof of enrollment in an 18-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code.
   (ii) Proof of enrollment in a 30-month driving-under-the-influence
program licensed pursuant to Section 11836 of the Health and Safety
Code, if available in the county of the person's residence or
employment.
   (B) The person agrees, as a condition of the restriction, to
continue satisfactory participation in the program described in
subparagraph (A).
   (C) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (D) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (E) The person provides proof of financial responsibility, as
defined in Section 16430.
   (F) The person pays all administrative fees or reissue fees and
any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (4) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23560, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person gives proof of
financial responsibility, and the person 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, as described in subdivision (b)
of Section 23562.  For the purposes of this paragraph, enrollment,
participation, and completion of an approved program shall be
subsequent to the date of the current violation.  Credit shall not be
given to any program activities completed prior to the date of the
current violation.  The department shall advise the person that after
the completion of 18 months of the revocation period, which may
include credit for any suspension period served under subdivision (c)
of Section 13353.3, the person may apply to the department for a
restricted driver's license, subject to the following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in that 30-month program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (F) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (5) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23546, the privilege shall be revoked for a period of three years.
The privilege may not be reinstated until the person files proof of
financial responsibility and gives proof satisfactory to the
department of successful completion of one of the following programs:
  an 18-month driving-under-the-influence program licensed pursuant
to Section 11836 of the Health and Safety Code, as described in
subdivision (b) or (c) of Section 23548, or, if available in the
county of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after completion of 18 months of the revocation period,
which may include credit for any suspension period served under
subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23546 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (6) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23153 punishable under Section
23550.5 or 23566, the privilege shall be revoked for a period of five
years.  The privilege may not be reinstated until the person gives
proof of financial responsibility and proof satisfactory to the
department of successful completion of one of the following programs:
an 18-month driving-under-the-influence program licensed pursuant to
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23568 or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 30 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (ii) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code, if a
30-month program is unavailable in the person's county of residence
or employment.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) Any individual convicted of a violation of Section 23153
punishable under Section 23566 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (7) Except as provided in this paragraph, upon a conviction or
finding of a violation of Section 23152 punishable under Section
23550 or 23550.5, or Section 23153 punishable under Section 23550.5
the privilege shall be revoked for a period of four years.  The
privilege may not be reinstated until the person gives proof of
financial responsibility and proof satisfactory to the department of
successful completion of one of the following programs:  an 18-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or, if available in the county
of the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, or a program specified in
Section 8001 of the Penal Code.  For the purposes of this paragraph,
enrollment, participation, and completion of an approved program
shall be subsequent to the date of the current violation.  Credit
shall not be given to any program activities completed prior to the
date of the current violation.  The department shall advise the
person that after the completion of 24 months of the revocation
period, which may include credit for any suspension period served
under subdivision (c) of Section 13353.3, the person may apply to the
department for a restricted driver's license, subject to the
following conditions:
   (A) The person has satisfactorily completed, subsequent to the
violation date of the current underlying conviction, either of the
following:
   (i) An 18-month driving-under-the-influence program licensed
pursuant to Section 11836 of the Health and Safety Code.
   (ii) The initial 18 months of a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code, if available in the county of
the person's residence or employment, and the person agrees, as a
condition of the restriction, to continue satisfactory participation
in the 30-month driving-under-the-influence program.
   (B) The person submits the "Verification of Installation" form
described in paragraph (2) of subdivision (e) of Section 13386.
   (C) The person agrees to maintain the ignition interlock device as
required under subdivision (g) of Section 23575.
   (D) The person provides proof of financial responsibility, as
defined in Section 16430.
   (E) An individual convicted of a violation of Section 23152
punishable under Section 23550 may also, at any time after
sentencing, petition the court for referral to an 18-month
driving-under-the-influence program or, if available in the county of
the person's residence or employment, a 30-month
driving-under-the-influence program licensed pursuant to Section
11836 of the Health and Safety Code.  Unless good cause is shown, the
court shall order the referral.
   (F) The person pays all applicable reinstatement or reissue fees
and any restriction fee required by the department.
   (G) The restriction shall remain in effect for the period required
in subdivision (f) of Section 23575.
   (8) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (e) of that
section, the privilege shall be suspended for a period of 90 days to
six months, if ordered by the court.  The privilege may not be
reinstated until the person gives proof of financial responsibility,
as defined in Section 16430.
   (9) Upon a conviction or finding of a violation of subdivision (a)
of Section 23109 that is punishable under subdivision (f) of that
section, the privilege shall be suspended for a period of six months,
if ordered by the court.  The privilege may not be reinstated until
the person gives proof of financial responsibility, as defined in
Section 16430.
   (b) For the purpose of paragraphs (2) to (9), inclusive, of
subdivision (a), the finding of the juvenile court judge, the
juvenile hearing officer, or the referee of a juvenile court of a
commission of a violation of Section 23152 or 23153 of subdivision
(a) of Section 23109, as specified in subdivision (a) of this
section, is a conviction.
   (c) A judge of a juvenile court, juvenile hearing officer, or
referee of a juvenile court shall immediately report the findings
specified in subdivision (a) to the department.
   (d) A conviction of an offense in any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or Canada that, if committed in this
state, would be a violation of Section 23152, is a conviction of
Section 23152 for purposes of this section, and a conviction of an
offense that, if committed in this state, would be a violation of
Section 23153, is a conviction of Section 23153 for purposes of this
section.  The department shall suspend or revoke the privilege to
operate a motor vehicle pursuant to this section upon receiving
notice of that conviction.
   (e) For the purposes of the restriction conditions specified in
paragraphs (3) to (7), inclusive, of subdivision (a), 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.
   (f) For the purposes of this section, completion of a program is
the following:
   (1) Satisfactory completion of all program requirements approved
pursuant to program licensure, as evidenced by a certificate of
completion issued, under penalty of perjury, by the licensed program.

   (2) Certification, under penalty of perjury, by the director of a
program specified in Section 8001 of the Penal Code, that the person
has completed a program specified in Section 8001 of the Penal Code.

   (g) The holder of a commercial driver's license who was operating
a commercial motor vehicle, as defined in Section 15210, at the time
of a violation that resulted in a suspension or revocation of the
person's noncommercial driving privilege under this section is not
eligible for the restricted driver's license authorized under
paragraphs (3) to (7), inclusive, of subdivision (a).
   (h) This section shall become operative on September 20, 2005.
  SEC. 5.  Section 13352.6 of the Vehicle Code is amended to read:
   13352.6.  (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon the receipt of a duly
certified abstract of the record of any court showing that
conviction.  The privilege may not be reinstated until the person
provides the department with proof, satisfactory to the department,
of financial responsibility and of successful completion of a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code.  That attendance shall be as follows:
   (1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation.  Credit for enrollment, participation, or
completion may not be given for any program activities completed
prior to the date of the current violation.
  SEC. 5.5.  Section 13352.6 of the Vehicle Code is amended to read:

   13352.6.  (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon the receipt of a duly
certified abstract of the record of any court showing that
conviction.  The privilege may not be reinstated until the person
provides the department with proof of financial responsibility and
until proof satisfactory to the department, of successful completion
of a driving-under-the-influence program licensed under Section 11836
of the Health and Safety Code has been received in the department's
headquarters.  That attendance shall be as follows:
   (1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation.  Credit for enrollment, participation, or
completion may not be given for any program activities completed
prior to the date of the current violation.
  SEC. 6.  Section 13353 of the Vehicle Code is amended to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, and that the person had refused to submit to, or did not
complete, the test or tests after being requested by the officer, the
department shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
                      (2) Revoke the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurred
within 10 years of either (A) a separate violation of Section 23103,
as specified in Section 23103.5, or of Section 23140, 23152, or
23153, or of Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, that resulted in a conviction, or (B)
a suspension or revocation of the person's privilege to operate a
motor vehicle pursuant to this section or Section 13353.2 for an
offense that occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103, as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses which occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department.  The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code.
   (b) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612.  The notice of the order of suspension or revocation
shall be on a form provided by the department.  If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (c) Upon the receipt of the officer's sworn statement, the
department shall review the record.  For the purposes of this
section, the scope of the administrative review shall cover all of
the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (d) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
  SEC. 6.1.  Section 13353 of the Vehicle Code is amended to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, and that the person had refused to submit to, or did not
complete, the test or tests after being requested by the officer, the
department shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 13353.2 for an offense that
occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses which occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department.  The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code.
   (b) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612.  The notice of the order of suspension or revocation
shall be on a form provided by the department.  If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (c) Upon the receipt of the officer's sworn statement, the
department shall review the record.  For the purposes of this
section, the scope of the administrative review shall cover all of
the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (d) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
   (e) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2006, deletes
the dates on which it becomes inoperative and is repealed.
  SEC. 6.2.  Section 13353 is added to the Vehicle Code, to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, and that the person had refused to submit to, or did not
complete, the test or tests after being requested by the officer, the
department shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 13353.2 for an offense that
occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department.  The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code.
   (b) If a person on more than one occasion in separate incidents
refuses the officer's request to submit to, or fails to complete, a
chemical test or tests pursuant to Section 23612 while driving a
motor vehicle, upon receipt of the officer's sworn statement that the
officer had reasonable cause to believe the person had been driving
a motor vehicle in violation of Section 21340, 23152, or 25153, the
department shall disqualify the person from operating a commercial
vehicle for the rest of his or her lifetime.
   (c) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612.  The notice of the order of suspension or revocation
shall be on a form provided by the department.  If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (d) Upon the receipt of the officer's sworn statement, the
department shall review the record.  For the purposes of this
section, the scope of the administrative review shall cover all of
the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (e) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
   (f) This section shall become operative on September 20, 2005.
  SEC. 6.4.  Section 13353 is added to the Vehicle Code, to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, and that the person had refused to submit to, or did not
complete, the test or tests after being requested by the officer, the
department shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 13353.2 for an offense that
occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department.  The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, is a conviction of
that particular section of the Vehicle or Penal Code.
   (b) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612.  The notice of the order of suspension or revocation
shall be on a form provided by the department.  If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (c) Upon the receipt of the officer's sworn statement, the
department shall review the record.  For the purposes of this
section, the scope of the administrative review shall cover all of
the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (d) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
   (e) The suspension or revocation imposed under this section run
concurrently with any restriction, suspension, or revocation imposed
under Section 13352, 13352.4, or 13352.5 that resulted from the same
arrest.
   (f) This section shall become operative on September 20, 2005.
  SEC. 6.5.  Section 13353 is added to the Vehicle Code, to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon receipt of the officer's sworn statement that the
officer had reasonable cause to believe the person had been driving
a motor vehicle in violation of Section 23140, 23152, or 23153, and
that the person had refused to submit to, or did not complete, the
test or tests after being requested by the officer, the department
shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 13353.2 for an offense that
occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department.  The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, is a conviction of
that particular section of the Vehicle Code or Penal Code.
   (b) If a person on more than one occasion in separate incidents
refuses the officer's request to submit to, or fails to complete, a
chemical test or tests pursuant to Section 23612 while driving a
motor vehicle, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, the department shall disqualify the person from operating a
commercial motor vehicle for the rest of his her lifetime.
   (c) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612.  The notice of the order of suspension or revocation
shall be on a form provided by the department.  If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (d) Upon the receipt of the officer's sworn statement, the
department shall review the record.  For purposes of this section,
the scope of the administrative review shall cover all of the
following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (e) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
   (f) The suspension or revocation imposed under this section shall
run concurrently with any restriction, suspension, or revocation
imposed under Section 13352, 13352.4, or 13352.5 that resulted from
the same arrest.
   (g) This section shall become operative on September 20, 2005.
  SEC. 7.  Section 13353.1 of the Vehicle Code is amended to read:
   13353.1.  (a) If a person refuses an officer's request to submit
to, or fails to complete, a preliminary alcohol screening test
pursuant to Section 13388, upon the receipt of the officer's sworn
statement, submitted pursuant to Section 13380, that the officer had
reasonable cause to believe the person had been driving a motor
vehicle in violation of Section 23136, and that the person had
refused to submit to, or did not complete, the test after being
requested by the officer, the department shall do one of the
following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either of the following:
   (A) A separate violation of subdivision (a) of Section 23136, that
resulted in a finding of a violation, or a separate violation, that
resulted in a conviction, of Section 23103, as specified in Section
23103.5, of Section 23140, 23152, or 23153, of Section 191.5 of the
Penal Code, or of paragraph (3) of subdivision (c) of Section 192 of
that code.
   (B) A suspension or revocation of the person's privilege to
operate a motor vehicle if that action was taken pursuant to this
section or Section 13353 or 13353.2 for an offense that occurred on a
separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of subdivision (a) of Section
23136, that resulted in findings of violations, or two or more
separate violations, that resulted in convictions, of Section 23103,
as specified in Section 23103.5, of Section 23140, 23152, or 23153,
of Section 191.5 of the Penal Code, or of paragraph (3) of
subdivision (c) of Section 192 of that code, or any combination
thereof.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle if those actions were taken
pursuant to this section, or Section 13353 or 13353.2, for offenses
that occurred on separate occasions.
   (C) Any combination of two or more of the convictions or
administrative suspensions or revocations described in subparagraph
(A) or (B).

(b) For the purposes of this section, a conviction of any offense in
any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code.
   (c) The notice of the order of suspension or revocation under this
section shall be served on the person by the peace officer pursuant
to Section 13388 and shall not become effective until 30 days after
the person is served with that notice.  The notice of the order of
suspension or revocation shall be on a form provided by the
department.  If the notice of the order of suspension or revocation
has not been served by the peace officer pursuant to Section 13388,
the department immediately shall notify the person in writing of the
action taken.  The peace officer who serves the notice, or the
department, if applicable, also shall provide, if the officer or
department, as the case may be, determines that it is necessary to do
so, the person with the appropriate non-English notice developed
pursuant to subdivision (d) of Section 14100.
   (d) Upon the receipt of the officer's sworn statement, the
department shall review the record.  For the purposes of this
section, the scope of the administrative review shall cover all of
the following issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23136.
   (2) Whether the person was lawfully detained.
   (3) Whether the person refused to submit to, or did not complete,
the test after being requested to do so by a peace officer.
   (e) The person may request an administrative hearing pursuant to
Section 13558.  Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
  SEC. 8.  Section 13353.3 of the Vehicle Code is amended to read:
   13353.3.  (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
   (b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
   (1) Except as provided in Section 13353.6, if the person has not
been convicted of a separate violation of Section 23103, as specified
in Section 23103.5, of Section 23140, 23152, or 23153, of Section
191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of
Section 192 of that code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
   (2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, Section
23140, 23152, or 23153, Section 191.5 of the Penal Code, or
paragraph (3) of subdivision (c) of Section 192 of that code, the
person has been administratively determined to have refused chemical
testing pursuant to Section 13353 or 13353.1, or the person has been
administratively determined to have been driving with an excessive
concentration of alcohol pursuant to Section 13353.2 on a separate
occasion, that offense or occasion occurred within 10 years of the
occasion in question, the person's privilege to operate a motor
vehicle shall be suspended for one year.
   (3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
   (c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23140, 23152, or 23153, including a violation
described in Section 23620, arising out of the same occurrence, both
the suspension under Section 13353.2 and the suspension or revocation
under Section 13352 shall be imposed, except that, notwithstanding
Section 13354, the periods of suspension or revocation shall run
concurrently, and the total period of suspension or revocation shall
not exceed the longer of the two suspension or revocation periods.
This subdivision shall not affect a suspension or revocation pursuant
to Section 13353 for refusal to submit to chemical testing or the
imposition of consecutive periods of suspension or revocation
pursuant to Section 13354 for that refusal.
   (d) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code.
  SEC. 8.3.  Section 13353.3 of the Vehicle Code is amended to read:

   13353.3.  (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
   (b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
   (1) Except as provided in Section 13353.6, if the person has not
been convicted of a separate violation of Section 23103, as specified
in Section 23103.5, of Section 23140, 23152, or 23153, of Section
191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of
Section 192 of that code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
   (2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, Section
23140, 23152, or 23153, Section 191.5 of the Penal Code, or
paragraph (3) of subdivision (c) of Section 192 of that code, the
person has been administratively determined to have refused chemical
testing pursuant to Section 13353 or 13353.1, or the person has been
administratively determined to have been driving with an excessive
concentration of alcohol pursuant to Section 13353.2 on a separate
occasion, that offense or occasion occurred within 10 years of the
occasion in question, the person's privilege to operate a motor
vehicle shall be suspended for one year.
   (3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
   (c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23140, 23152, or 23153, including a violation
described in Section 23620, arising out of the same occurrence, both
the suspension under Section 13353.2 and the suspension or revocation
under Section 13352 shall be imposed, except that, notwithstanding
Section 13354, the periods of suspension or revocation shall run
concurrently, and the total period of suspension or revocation shall
not exceed the longer of the two suspension or revocation periods.
This subdivision shall not affect a suspension or revocation pursuant
to Section 13353 for refusal to submit to chemical testing or the
imposition of consecutive periods of suspension or revocation
pursuant to Section 13354 for that refusal.
   (d) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152, or
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle or Penal Code.
   (e) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute that is enacted before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 8.5.  Section 13353.3 is added to the Vehicle Code, to read:
   13353.3.  (a) An order of suspension of a person's privilege to
operate a motor vehicle pursuant to Section 13353.2 shall become
effective 30 days after the person is served with the notice pursuant
to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
   (b) The period of suspension of a person's privilege to operate a
motor vehicle under Section 13353.2 is as follows:
   (1) Except as provided in Section 13353.6, if the person has not
been convicted of a separate violation of Section 23103, as specified
in Section 23103.5, of Section 23140, 23152, or 23153, of Section
191.5 of the Penal Code, or of paragraph (3) of subdivision (c) of
Section 192 of that code, the person has not been administratively
determined to have refused chemical testing pursuant to Section 13353
or 13353.1, or the person has not been administratively determined
to have been driving with an excessive concentration of alcohol
pursuant to Section 13353.2 on a separate occasion, that offense or
occurrence occurred within 10 years of the occasion in question, the
person's privilege to operate a motor vehicle shall be suspended for
four months.
   (2) If the person has been convicted of one or more separate
violations of Section 23103, as specified in Section 23103.5, Section
23140, 23152, or 23153, Section 191.5 of the Penal Code, or
paragraph (3) of subdivision (c) of Section 192 of that code, the
person has been administratively determined to have refused chemical
testing pursuant to Section 13353 or 13353.1, or the person has been
administratively determined to have been driving with an excessive
concentration of alcohol pursuant to Section 13353.2 on a separate
occasion, that offense or occasion occurred within 10 years of the
occasion in question, the person's privilege to operate a motor
vehicle shall be suspended for one year.
   (3) Notwithstanding any other provision of law, if a person has
been administratively determined to have been driving in violation of
Section 23136 or to have refused chemical testing pursuant to
Section 13353.1, the period of suspension shall not be for less than
one year.
   (c) If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.
   (d) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, is a conviction of
that particular section of the Vehicle Code or Penal Code.
   (e) This section shall become operative on September 20, 2005.
  SEC. 9.  Section 13353.7 of the Vehicle Code is amended to read:
   13353.7.  (a) Subject to subdivision (c) and except as provided in
Section 13353.6 for persons who have commercial driver's licenses,
if the person whose driving privilege has been suspended under
Section 13353.2 has not been convicted of, or found to have
committed, a separate violation of Section 23103, as specified in
Section 23103.5, or Section 23140, 23152, or 23153 of this code, or
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, and if the person's privilege to operate a motor
vehicle has not been suspended or revoked pursuant to Section 13353
or 13353.2 for an offense that occurred on a separate occasion within
10 years of the occasion in question and, if the person subsequently
enrolls in a program described in Section 11837.3 of the Health and
Safety Code, pursuant to subdivision (b) of Section 23538, that
person, if 21 years of age or older at the time the offense occurred,
may apply to the department for a restricted driver's license
limited to travel to and from the activities required by the program
or to and from and in the course of the person's employment, or both.
  Notwithstanding any other provision of law, if the person's
restricted driver's license permits travel to and from and in the
course of his or her employment, the person's privilege to operate a
motor vehicle shall be suspended, subject to the restriction, for six
months.  After receiving proof of enrollment in the program, and if
the person has not been arrested subsequent to the offense for which
the person's driving privilege has been suspended under Section
13353.2 for a violation of Section 23103, as specified in Section
23103.5, or Section 23140, 23152, or 23153 of this code, or Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, and if the person's privilege to operate a motor vehicle has
not been suspended or revoked pursuant to Section 13353 or 13353.2
for an offense that occurred on a separate occasion, notwithstanding
Section 13551, the department shall, after review pursuant to Section
13557, suspend the person's privilege to operate a motor vehicle for
30 days and then issue the person a restricted driver's license
under the following conditions:
   (1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
   (2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
   (3) The restricted driver's license authorizes the operation of a
motor vehicle only to and from the activities required under the
program.
   (4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately.  The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
   (5) On or after 60 days after the effective date of the restricted
license, and upon notification of successful completion of the
program, the department may issue an unrestricted driver's license to
the person.
   (b) If the court of jurisdiction in a criminal action arising out
of the same offense orders the department to suspend or revoke the
person's privilege to operate a motor vehicle or does not grant
probation after conviction of that offense, notwithstanding
subdivision (a), the department shall suspend or revoke the person's
privilege pursuant to the order of the court or Section 13352.
   (c) If the holder of a commercial driver's license was operating a
commercial vehicle, as defined in Section 15210, at the time of the
violation which resulted in the suspension of that person's driving
privilege under Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license shall not allow travel to and from or in the course of
the person's employment.
   (d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to the order of the
court or Section 13353 or 13353.2 for an offense that occurred on a
separate occasion, or as a result of a conviction of a separate
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, that violation occurred within 10
years of the offense in question.  This subdivision shall be
operative only so long as a one-year suspension of the driving
privilege for a second or subsequent occurrence or offense, with no
restricted or hardship licenses permitted, is required by Section 408
or 410 of Title 23 of the United States Code.
  SEC. 9.1.  Section 13353.7 of the Vehicle Code is amended to read:

   13353.7.  (a) Subject to subdivision (c) and except as provided in
Section 13353.6 for persons who have commercial driver's licenses,
if the person whose driving privilege has been suspended under
Section 13353.2 has not been convicted of, or found to have
committed, a separate violation of Section 23103, as specified in
Section 23103.5, or Section 23140, 23152, or 23153 of this code, or
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, and if the person's privilege to operate a motor
vehicle has not been suspended or revoked pursuant to Section 13353
or 13353.2 for an offense that occurred on a separate occasion within
10 years of the occasion in question and, if the person subsequently
enrolls in a program described in Section 11837.3 of the Health and
Safety Code, pursuant to subdivision (b) of Section 23538, that
person, if 21 years of age or older at the time the offense occurred,
may apply to the department for a restricted driver's license
limited to travel to and from the activities required by the program
or to and from and in the course of the person's employment, or both.
  Notwithstanding any other provision of law, if the person's
restricted driver's license permits travel to and from and in the
course of his or her employment, the person's privilege to operate a
motor vehicle shall be suspended, subject to the restriction, for six
months.  After receiving proof of enrollment in the program, and if
the person has not been arrested subsequent to the offense for which
the person's driving privilege has been suspended under Section
13353.2 for a violation of Section 23103, as specified in Section
23103.5, or Section 23140, 23152, or 23153 of this code, or Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, and if the person's privilege to operate a motor vehicle has
not been suspended or revoked pursuant to Section 13353 or 13353.2
for an offense that occurred on a separate occasion, notwithstanding
Section 13551, the department shall, after review pursuant to Section
13557, suspend the person's privilege to operate a motor vehicle for
30 days and then issue the person a restricted driver's license
under the following conditions:
   (1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
   (2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
   (3) The restricted driver's license authorizes the operation of a
motor vehicle only to and from the activities required under the
program.
   (4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately.  The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
   (5) On or after 60 days after the effective date of the restricted
license, and upon notification of successful completion of the
program, the department may issue an unrestricted driver's license to
the person.
   (b) If the court of jurisdiction in a criminal action arising out
of the same offense orders the department to suspend or revoke the
person's privilege to operate a motor vehicle or does not grant
probation after conviction of that offense, notwithstanding
subdivision (a), the department shall suspend or revoke the person's
privilege pursuant to the order of the court or Section 13352.
   (c) If the holder of a commercial driver's license was operating a
commercial vehicle, as defined in Section 15210, at the time of the
violation which resulted in the suspension of that person's driving
privilege under Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license shall not allow travel to and from or in the course of
the person's employment.
   (d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to the order of the
court or Section 13353 or 13353.2 for an offense that occurred on a
separate occasion, or as a result of a conviction of a separate
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, that violation occurred within 10
years of the offense in question.  This subdivision shall be
operative only so long as a one-year suspension of the driving
privilege for a second or subsequent occurrence or offense, with no
restricted or hardship licenses permitted, is required by Section 408
or 410 of Title 23 of the United States Code.
   (e) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute that becomes operative on or before January 1, 2006, deletes
the dates in which it becomes inoperative and is repealed.
  SEC. 9.2.  Section 13353.7 is added to the Vehicle Code, to read:
   13353.7.  (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has not
been convicted of, or found to have committed, a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, and if the person's
privilege to operate a motor vehicle has not been suspended or
revoked pursuant to Section 13353 or 13353.2 for an offense that
occurred on a separate occasion within 10 years of the occasion in
question and, if the person subsequently enrolls in a program
described in Section 11837.3 of the Health and Safety Code, pursuant
to subdivision (b) of Section 23538, that person, if 21 years of age
or older at the time the offense occurred, may apply to the
department for a restricted driver's license limited to travel to and
from the activities required by the program or to and from and in
the course of the person's employment, or both.  Notwithstanding any
other provision of law, if the person's restricted driver's license
permits travel to and from and in the course of his or her
employment, the person's privilege to operate a motor vehicle shall
be suspended, subject to the restriction, for six months.  After
receiving proof of enrollment in the program, and if the person has
not been arrested subsequent to the offense for which the person's
driving privilege has been suspended under Section 13353.2 for a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153 of this code, or Section 191.5 or
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
and if the person's privilege to operate a motor vehicle has not been
suspended or revoked pursuant to Section 13353 or 13353.2 for an
offense that occurred on a separate occasion, notwithstanding Section
13551, the department shall, after review pursuant to Section 13557,
suspend the person's privilege to operate a motor vehicle for 30
days and then issue the person a restricted driver's license under
the following conditions:
   (1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
   (2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
   (3) The restricted driver's license authorizes the operation of a
motor vehicle only to and from the activities required under the
program.
   (4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately.  The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
   (5) On or after 60 days after the effective date of the restricted
license, and upon notification of successful completion of the
program, the department may issue an unrestricted driver's license to
the person.
   (b) If the court of jurisdiction in a criminal action arising out
of the same offense orders the department to suspend or revoke the
person's privilege to operate a motor vehicle or does not grant
probation after conviction of that offense, notwithstanding
subdivision (a), the
department shall suspend or revoke the person's privilege pursuant to
the order of the court or Section 13352.
   (c) If the holder of a commercial driver's license 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 Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license shall not allow travel to and from or in the course of
the person's employment.
   (d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to the order of the
court or Section 13353 or 13353.2 for an offense that occurred on a
separate occasion, or as a result of a conviction of a separate
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, that violation occurred within 10
years of the offense in question.  This subdivision shall be
operative only so long as a one-year suspension of the driving
privilege for a second or subsequent occurrence or offense, with no
restricted or hardship licenses permitted, is required by Section 408
or 410 of Title 23 of the United States Code.
   (e) This section shall become operative on September 20, 2005.
  SEC. 9.4.  Section 13353.7 is added to the Vehicle Code, to read:
   13353.7.  (a) Subject to subdivision (c) and except as provided in
Section 13353.6 for persons who have commercial driver's licenses,
if the person whose driving privilege has been suspended under
Section 13353.2 has not been convicted of, or found to have
committed, a separate violation of Section 23103, as specified in
Section 23103.5, or Section 23140, 23152, or 23153 of this code, or
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, and if the person's privilege to operate a motor
vehicle has not been suspended or revoked pursuant to Section 13353
or 13353.2 for an offense that occurred on a separate occasion within
10 years of the occasion in question and, if the person subsequently
enrolls in a driving-under-the-influence program licensed under
Section 11836 of the Health and Safety Code, as described in
subdivision (b) of Section 23538, that person, if 21 years of age or
older at the time the offense occurred, may apply to the department
for a restricted driver's license limited to travel to and from the
activities required by the program and to and from and in the course
of the person's employment.  After receiving proof of enrollment in
the program, and if the person has not been arrested subsequent to
the offense for which the person's driving privilege has been
suspended under Section 13353.2 for a violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153 of
this code, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, and if the person's privilege to
operate a motor vehicle has not been suspended or revoked pursuant to
Section 13353 or 13353.2 for an offense that occurred on a separate
occasion, notwithstanding Section 13551, the department shall, after
review pursuant to Section 13557, suspend the person's privilege to
operate a motor vehicle for 30 days and then issue the person a
restricted driver's license under the following conditions:
   (1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
   (2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
   (3) The restriction shall be imposed for a period of five months.

   (4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately.  The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
   (b) Notwithstanding subdivision (a) and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
   (c) If the holder of a commercial driver's license 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 Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license may not allow travel to and from or in the course of the
person's employment.
   (d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion, or as a
result of a conviction of a separate violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153, that
violation occurred within 10 years of the offense in question.  This
subdivision shall be operative only so long as a one-year suspension
of the driving privilege for a second or subsequent occurrence or
offense, with no restricted or hardship licenses permitted, is
required by Section 408 or 410 of Title 23 of the United States Code.

   (e) This section shall become operative on September 20, 2005.
  SEC. 9.5.  Section 13353.7 is added to the Vehicle Code, to read:
   13353.7.  (a) Subject to subdivision (c), if the person whose
driving privilege has been suspended under Section 13353.2 has not
been convicted of, or found to have committed, a separate violation
of Section 23103, as specified in Section 23103.5, or Section 23140,
23152, or 23153 of this code, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, and if the person's
privilege to operate a motor vehicle has not been suspended or
revoked pursuant to Section 13353 or 13353.2 for an offense that
occurred on a separate occasion within 10 years of the occasion in
question and, if the person subsequently enrolls in a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code, as described in subdivision (b) of
Section 23538, that person, if 21 years of age or older at the time
the offense occurred, may apply to the department for a restricted
driver's license limited to travel to and from the activities
required by the program and to and from and in the course of the
person's employment.  After receiving proof of enrollment in the
program, and if the person has not been arrested subsequent to the
offense for which the person's driving privilege has been suspended
under Section 13353.2 for a violation of Section 23103, as specified
in Section 23103.5, or Section 23140, 23152, or 23153 of this code,
or Section 191.5 or paragraph (3) of subdivision (c) of Section 192
of the Penal Code, and if the person's privilege to operate a motor
vehicle has not been suspended or revoked pursuant to Section 13353
or 13353.2 for an offense that occurred on a separate occasion,
notwithstanding Section 13551, the department shall, after review
pursuant to Section 13557, suspend the person's privilege to operate
a motor vehicle for 30 days and then issue the person a restricted
driver's license under the following conditions:
   (1) The program shall report any failure to participate in the
program to the department and shall certify successful completion of
the program to the department.
   (2) The person was 21 years of age or older at the time the
offense occurred and gives proof of financial responsibility as
defined in Section 16430.
   (3) The restriction shall be imposed for a period of five months.

   (4) If a person who has been issued a restricted license under
this section fails at any time to participate in the program, the
department shall suspend the restricted license immediately.  The
department shall give notice of the suspension under this paragraph
in the same manner as prescribed in subdivision (b) of Section
13353.2 for the period specified in Section 13353.3, that is
effective upon receipt by the person.
   (b) Notwithstanding subdivision (a), and upon a conviction of
Section 23152 or 23153, the department shall suspend or revoke the
person's privilege to operate a motor vehicle under Section 13352.
   (c) If the holder of a commercial driver's license 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 Section 13353.2, the department shall, pursuant to
this section, if the person is otherwise eligible, issue the person a
class C driver's license restricted in the same manner and subject
to the same conditions as specified in subdivision (a), except that
the license may not allow travel to and from or in the course of the
person's employment.
   (d) This section does not apply to a person whose driving
privilege has been suspended or revoked pursuant to Section 13353 or
13353.2 for an offense that occurred on a separate occasion, or as a
result of a conviction of a separate violation of Section 23103, as
specified in Section 23103.5, or Section 23140, 23152, or 23153, that
violation occurred within 10 years of the offense in question.  This
subdivision shall be operative only so long as a one-year suspension
of the driving privilege for a second or subsequent occurrence or
offense, with no restricted or hardship licenses permitted, is
required by Section 408 or 410 of Title 23 of the United States Code.

   (e) This section shall become operative on September 20, 2005.
  SEC. 10.  Section 13353.8 of the Vehicle Code is amended to read:
   13353.8.  (a) After the department has issued an order suspending
or delaying driving privileges as a result of a violation of
subdivision (a) of Section 23136, the department, upon the petition
of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive, if the department determines that,
within 10 years of the current violation of Section 23136, the person
has not violated Section 23136 or been convicted of a separate
violation of Section 23140, 23152, or 23153, or of Section 23103,
with a plea of guilty under Section 23103.5, or of Section 191.5 of,
or paragraph (3) of subdivision (c) of Section 192 of, the Penal
Code, and that the person's driving privilege has not been suspended
or revoked under Section 13353, 13353.1, or 13353.2 within that
10-year period.
   (b) For purposes of this section, a conviction of an offense in a
state, territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada
that, if committed in this state, would be a violation of Section
23103, as specified in Section 23103.5, or Section 23140, 23152,
23153, or Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, is a conviction of that particular
section of the Vehicle Code or Penal Code.
   (c) As used in this section, "critical need to drive" means the
circumstances that are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
   (d) The restriction shall be imposed not earlier than the 31st day
after the date the order of suspension became effective and shall
remain in effect for the balance of the period of suspension or
restriction in this section.
  SEC. 11.  Section 23217 of the Vehicle Code is amended to read:
   23217.  The Legislature finds and declares that some repeat
offenders of the prohibition against driving under the influence of
alcohol or drugs, when they are addicted or when they have too much
alcohol in their systems, may be escaping the intent of the
Legislature to punish the offender with progressively greater
severity if the offense is repeated one or more times within a
10-year period.  This situation may occur when a conviction for a
subsequent offense occurs before a conviction is obtained on an
earlier offense.
   The Legislature further finds and declares that the timing of
court proceedings should not permit a person to avoid aggravated
mandatory minimum penalties for multiple separate offenses occurring
within a 10-year period.  It is the intent of the Legislature to
provide that a person be subject to enhanced mandatory minimum
penalties for multiple offenses within a period of 10 years,
regardless of whether the convictions are obtained in the same
sequence as the offenses had been committed.
   Nothing in this section requires consideration of judgment of
conviction in a separate proceeding that is entered after the
judgment in the present proceeding, except as it relates to violation
of probation.
   Nothing in this section or the amendments to Section 23540, 23546,
23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the
Statutes of 1984 affects the penalty for a violation of Section 23152
or 23153 occurring prior to January 1, 1985.
  SEC. 12.  Section 23502 of the Vehicle Code is amended to read:
   23502.  (a) Notwithstanding any other provision of law, if a
person who is at least 18 years of age is convicted of a first
violation of Section 23140, in addition to any penalties, the court
shall order the person to attend a program licensed under Section
11836 of the Health and Safety Code, subject to a fee schedule
developed under paragraph (2) of subdivision (b) of Section 11837.4
of the Health and Safety Code.
   (b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
   (1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (c) The person's privilege to operate a motor vehicle shall be
suspended by the department as required under Section 13352.6, and
the court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
   (d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the
driving-under-the-influence program required under this section.
  SEC. 13.  Section 23540 of the Vehicle Code is amended to read:
   23540.  If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153, that
resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor more
than one year and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000).  The
person's privilege to operate a motor vehicle shall be suspended by
the Department of Motor Vehicles pursuant to paragraph (3) of
subdivision (a) of Section 13352.  The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
  SEC. 13.3.  Section 23540 of the Vehicle Code is amended to read:
   23540.  (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of a separate
violation of Section 23103, as specified in Section 23103.5, 23152,
or 23153, that resulted in a conviction, that person shall be
punished by imprisonment in the county jail for not less than 90 days
nor more than one year and by a fine of not less than three hundred
ninety dollars ($390) nor more than one thousand dollars ($1,000).
The person's privilege to operate a motor vehicle shall be suspended
by the Department of Motor Vehicles pursuant to paragraph (3) of
subdivision (a) of Section 13352.  The court shall require the person
to surrender the driver's license to the court in accordance with
Section 13550.
   (b) This section shall become inoperative on September 20, 2005,
and, as of January 1, 2006, is repealed, unless a later enacted
statute that is enacted before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 13.5.  Section 23540 of the Vehicle Code is amended to read:
   23540.  (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of a separate
violation of Section 23103, as specified in Section 23103.5, 23152,
or 23153, that resulted in a conviction, that person shall be
punished by imprisonment in the county jail for not less than 90 days
nor more than one year and by a fine of not less than three hundred
ninety dollars ($390) nor more than one thousand dollars ($1,000).
The person's privilege to operate a motor vehicle shall be suspended
by the department pursuant to paragraph (3) of subdivision (a) of
Section 13352.  The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
   (b) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
   (c) This section shall become operative on September 20, 2005.
  SEC. 14.  Section 23546 of the Vehicle Code is amended to read:
   23546.  (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of two separate
violations of Section 23103, as specified in Section 23103.5, 23152,
or 23153, or any combination thereof, that resulted in convictions,
that person shall be punished by imprisonment in the county jail for
not less than 120 days nor more than one year and by a fine of not
less than three hundred ninety dollars ($390) nor more than one
thousand dollars ($1,000).  The person's privilege to operate a motor
vehicle shall be revoked by the Department of Motor Vehicles as
required in paragraph (5) of subdivision (a) of Section 13352.  The
court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
   (b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction.  The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
  SEC. 15.  Section 23550 of the Vehicle Code is amended to read:
   23550.  (a) If a person is convicted of a violation of Section
23152 and the offense occurred within 10 years of three or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination thereof, that
resulted in convictions, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 180 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than one thousand
dollars ($1,000).  The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (7) of subdivision (a) of Section 13352.  The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.
   (b) A person convicted of a violation of Section 23152 punishable
under this section shall be designated as a habitual traffic offender
for a period of three years, subsequent to the conviction.  The
person shall be advised of this designation pursuant to subdivision
(b) of Section 13350.
  SEC. 16.  Section 23560 of the Vehicle Code is amended to read:
   23560.  If a person is convicted of a violation of Section 23153
and the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153 that
resulted in a conviction, that person shall be punished by
imprisonment in the state prison, or in a county jail for not less
than 120 days nor more than one year, and by a fine of not less than
three hundred ninety dollars ($390) nor more than five thousand
dollars ($5,000). The person's privilege to operate a motor vehicle
shall be revoked by the Department of Motor Vehicles pursuant to
paragraph (4) of subdivision (a) of Section 13352.  The court shall
require the person to surrender the driver's license to the court in
accordance with Section 13550.
  SEC. 17.  Section 23566 of the Vehicle Code is amended to read:
   23566.  (a) If a person is convicted of a violation of Section
23153 and the offense occurred within 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor more than five thousand dollars
($5,000).  The person's privilege to operate a motor vehicle shall be
revoked by the Department of Motor Vehicles pursuant to paragraph
(6) of subdivision (a) of Section 13352.  The court shall require the
person to surrender the driver's license to the court in accordance
with Section 13550.
   (b) If a person is convicted of a violation of Section 23153, and
the act or neglect proximately causes great bodily injury, as defined
in Section 12022.7 of the Penal Code, to any person other than the
driver, and the offense occurred within 10 years of two or more
separate violations of Section 23103, as specified in Section
23103.5, or Section 23152 or 23153, or any combination of these
violations, that resulted in convictions, that person shall be
punished by imprisonment in the state prison for a term of two,
three, or four years and by a fine of not less than one thousand
fifteen dollars ($1,015) nor more than five thousand dollars
($5,000).  The person's privilege to operate a motor vehicle shall be
revoked by the Department of Motor Vehicles pursuant to paragraph
(6) of subdivision (a) of Section 13352.  The court shall require the
person to surrender the driver's license to the court in accordance
with Section 13550.
   (c) If a person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within 10 years of
four or more separate violations of Section 23103, as specified in
Section 23103.5, or Section 23152 or 23153, or any combination of
these violations, that resulted in convictions, that person shall, in
addition and consecutive to the sentences imposed under subdivision
(b), be punished by an additional term of imprisonment in the state
prison for three years.
   The enhancement allegation provided in this subdivision shall be
pleaded and proved as provided by law.
   (d) A person convicted of Section 23153 punishable under this
section shall be designated as a habitual traffic offender for a
period of three years, subsequent to the conviction.  The person
shall be advised of this designation pursuant to subdivision (b) of
Section 13350.
   (e) A person confined in state prison under this section shall be
ordered by the court to participate in an alcohol or drug program, or
both, that is available at the prison during the person's
confinement.  Completion of an alcohol or drug program under this
section does not meet the program completion requirement of paragraph
(6) of subdivision (a) of Section 13352, unless the drug or alcohol
program is licensed under Section 11836 of the Health and Safety
Code, or is a program specified in Section 8001 of the Penal Code.
  SEC. 18.  Section 23575 of the Vehicle Code is amended to read:
   23575.  (a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense
violation of Section 23152 or 23153 to install a certified ignition
interlock device on any vehicle that the person owns or operates and
prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device.  The court shall give heightened consideration to applying
this sanction to first offense violators with 0.20 percent or more,
by weight, of alcohol in his or her blood at arrest, or with two or
more prior moving traffic violations, or of persons who refused the
chemical tests at arrest.  If the court orders the ignition interlock
device restriction, the term shall be determined by the court for a
period not to exceed three years from the date of conviction.  The
court shall notify the Department of Motor Vehicles, as specified in
subdivision (a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804.  The Department of
Motor Vehicles shall place the restriction in the person's records in
the Department of Motor Vehicles.
   (2) The court shall require a person convicted of a violation of
Section 14601.2 to install an ignition interlock device on any
vehicle that the person owns or operates and prohibit the person from
operating a motor vehicle unless the vehicle is equipped with a
functioning, certified ignition interlock device.  The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction.  The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
                                               with subdivision (a)
of Section 1804.  The Department of Motor Vehicles shall place the
restriction in the person's records in the Department of Motor
Vehicles.
   (b) The court shall include on the abstract of conviction or
violation submitted to the Department of Motor Vehicles under Section
1803 or 1816, the requirement and term for the use of a certified
ignition interlock device.  The records of the department shall
reflect mandatory use of the device for the term ordered by the
court.
   (c) The court shall advise the person that installation of an
ignition interlock device on a vehicle does not allow the person to
drive without a valid driver's license.
   (d) A person whose driving privilege is restricted by the court
pursuant to this section shall arrange for each vehicle with an
ignition interlock device to be serviced by the installer at least
once every 60 days in order for the installer to recalibrate and
monitor the operation of the device.  The installer shall notify the
court 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.
There is no obligation for the installer to notify the court if the
person has complied with all of the requirements of this article.
   (e) The court shall monitor the installation and maintenance of
any ignition interlock device restriction ordered pursuant to
subdivision (a) or (l).  If a person fails to comply with the court
order, the court shall give notice of the fact to the department
pursuant to Section 40509.1.
   (f) (1) Pursuant to Section 13352, if a person is convicted of a
violation of Section 23152 or 23153, and the offense occurred within
10 years of one or more separate violations of Section 23152 or 23153
that resulted in a conviction, the person may apply to the
Department of Motor Vehicles for a restricted driver's license
pursuant to Section 13352 that prohibits the person from operating a
motor vehicle unless that vehicle is equipped with a functioning
ignition interlock device, certified pursuant to Section 13386.  The
restriction shall remain in effect for at least the remaining period
of the original suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
   (2) Pursuant to subdivision (g), the Department of Motor Vehicles
shall immediately terminate the restriction issued pursuant to
Section 13352 and shall immediately suspend or revoke the privilege
to operate a motor vehicle of a person who attempts to remove,
bypass, or tamper with the device, who has the device removed prior
to the termination date of the restriction, or who fails three or
more times to comply with any requirement for the maintenance or
calibration of the ignition interlock device ordered pursuant to
Section 13352.  The privilege shall remain suspended or revoked for
the remaining period of the originating suspension or revocation and
until all reinstatement requirements in Section 13352 are met.
   (g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 shall arrange
for each vehicle with an 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.  There
is no obligation on the part of the installer to notify the
department or the court if the person has complied with all of the
requirements of this section.
   (h) Nothing in this section permits a person to drive without a
valid driver's license.
   (i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat offenders
informing them that after a specified period of suspension or
revocation has been completed, the person may either install an
ignition interlock device on any vehicle that the person owns or
operates or remain with a suspended or revoked driver's license.
   (j) Pursuant to this section, an out-of-state resident who
otherwise would qualify for an ignition interlock device restricted
license in California shall be prohibited from operating a motor
vehicle in California unless that vehicle is equipped with a
functioning ignition interlock device.  An ignition interlock device
is not required to be installed on any vehicle owned by the defendant
that is not driven in California.
   (k) If a person has a medical problem that does not permit the
person to breathe with sufficient strength to activate the device,
then that person shall only have the suspension option.
   (l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped with a
functioning, certified ignition interlock device for a persons to
whom subdivision (a) or (b) does not apply.  The term of the
restriction shall be determined by the court for a period not to
exceed three years from the date of conviction.  The court shall
notify the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in accordance
with subdivision (a) of Section 1804.  The Department of Motor
Vehicles shall place the restriction in the person's records in the
Department of Motor Vehicles.
   (m) For the purposes of this section, "vehicle" does not include a
motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle.  Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.

   (n) For the purposes of this section, "owned" means solely owned
or owned in conjunction with another person or legal entity.  For
purposes of this section, "operates" includes operating vehicles that
are not owned by the person subject to this section.
   (o) For the purposes of this section, bypass includes, but is not
limited to, either of the following:
   (1) Any combination of failing or not taking the ignition
interlock device rolling retest three consecutive times.
   (2) Any incidence of failing or not taking the ignition interlock
device rolling retest, when not followed by an incidence of passing
the ignition interlock rolling retest prior to turning the vehicles's
engine off.
  SEC. 19.  Section 23612 of the Vehicle Code is amended to read:
   23612.  (a) (1) (A) A person who drives a motor vehicle is deemed
to have given his or her consent to chemical testing of his or her
blood or breath for the purpose of determining the alcoholic content
of his or her blood, if lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153.  If a blood
or breath test, or both, are unavailable, then paragraph (2) of
subdivision (d) applies.
   (B) A person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for an offense allegedly committed in violation
of Section 23140, 23152, or 23153.
   (C) The testing shall be incidental to a lawful arrest and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153.
   (D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
10 years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code that resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense that occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the refusal
occurs within 10 years of two or more separate violations of Section
23103 as specified in Section 23103.5, or of Section 23140, 23152,
or 23153, or of Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, or any combination thereof, that
resulted in convictions, or if the person's privilege to operate a
motor vehicle has been suspended or revoked two or more times
pursuant to Section 13353, 13353.1, or 13353.2 for offenses that
occurred on separate occasions, or if there is any combination of
those convictions or administrative suspensions or revocations.
   (2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice.  If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test.  If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
   (B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
   (C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of a drug or the combined influence of an alcoholic
beverage and a drug and if the officer has a clear indication that a
blood or urine test will reveal evidence of the person being under
the influence.  The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine.  If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
   (3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, and,
because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests that are available at the facility to which that person
has been transported.  In that case, the officer shall advise the
person of those tests that are available at the medical facility and
that the person's choice is limited to those tests that are
available.
   (4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.

   (5) A person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle.  A person who is dead is deemed not to have withdrawn his or
her consent and a test or tests may be administered at the direction
of a peace officer.
   (b) A person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) A person who is afflicted with a heart condition and is using
an anticoagulant under the direction of a licensed physician and
surgeon is exempt from the blood test required by this section.
   (d) (1) A person lawfully arrested for an offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
   (2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood.  If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
   (e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person.  The notice shall be on a form provided by the
department.
   (f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of all driver's
licenses issued by this state which are held by the person.  The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
   (g) (1) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 13380, to the department.  If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory.  The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.

   (2) (A) Notwithstanding any other provision of law, a document
containing data prepared and maintained in the governmental forensic
laboratory computerized database system that is electronically
transmitted or retrieved through public or private computer networks
to or by the department is the best available evidence of the
chemical test results in all administrative proceedings conducted by
the department.  In addition, any other official record that is
maintained in the governmental forensic laboratory, relates to a
chemical test analysis prepared and maintained in the governmental
forensic laboratory computerized database system, and is
electronically transmitted and retrieved through a public or private
computer network to or by the department is admissible as evidence in
the department's administrative proceedings.  In order to be
admissible as evidence in administrative proceedings, a document
described in this subparagraph shall bear a certification by the
employee of the department who retrieved the document certifying that
the information was received or retrieved directly from the
computerized database system of a governmental forensic laboratory
and that the document accurately reflects the data received or
retrieved.
   (B) Notwithstanding any other provision of law, the failure of an
employee of the department to certify under subparagraph (A) is not a
public offense.
   (h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
   (i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
  The person's obligation to submit to a blood, breath, or urine
test, as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test.  The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.
  SEC. 19.5.  Section 23612 of the Vehicle Code is amended to read:
   23612.  (a) (1) (A) A person who drives a motor vehicle is deemed
to have given his or her consent to chemical testing of his or her
blood or breath for the purpose of determining the alcoholic content
of his or her blood, if lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, or if,
while driving, is at fault in causing a traffic collision that is the
proximate cause of a fatality.  If a blood or breath test, or both,
are unavailable, then paragraph (2) of subdivision (d) applies.
   (B) A person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for an offense allegedly committed in violation
of Section 23140, 23152, or 23153, or if, while driving, is involved
in a traffic collision that is the proximate cause of a fatality.
   (C) (i) Except as provided in clause (ii), testing shall be
incidental to a lawful arrest and administered at the direction of a
peace officer having reasonable cause to believe the person was
driving a motor vehicle in violation of Section 23140, 23152, or
23153.
   (ii) Each driver who is at fault in causing a traffic collision
that is the proximate cause of a fatality shall submit to testing
under this section upon the direction of a peace officer.
   (D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
10 years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code that resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense that occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the refusal
occurs within 10 years of two or more separate violations of Section
23103 as specified in Section 23103.5, or of Section 23140, 23152,
or 23153, or of Section 191.5 or paragraph (3) of subdivision (c) of
Section 192 of the Penal Code, or any combination thereof, that
resulted in convictions, or if the person's privilege to operate a
motor vehicle has been suspended or revoked two or more times
pursuant to Section 13353, 13353.1, or 13353.2 for offenses that
occurred on separate occasions, or if there is any combination of
those convictions or administrative suspensions or revocations.
   (2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, or if, while driving, is at fault
in causing a traffic collision that is the proximate cause of a
fatality, the person has the choice of whether the test shall be of
his or her blood or breath and the officer shall advise the person
that he or she has that choice.  If the person arrested either is
incapable, or states that he or she is incapable, of completing the
chosen test, the person shall submit to the remaining test.  If a
blood or breath test, or both, are unavailable, then paragraph (2) of
subdivision (d) applies.
   (B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
   (C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of a drug or the combined influence of an alcoholic
beverage and a drug and if the officer has a clear indication that a
blood or urine test will reveal evidence of the person being under
the influence.  The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine.  If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
   (3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, or if,
while driving, is at fault in causing a traffic collision that is the
proximate cause of a fatality. and, because of the need for medical
treatment, the person is first transported to a medical facility
where it is not feasible to administer a particular test of, or to
obtain a particular sample of, the person's blood, breath, or urine,
the person has the choice of those tests that are available at the
facility to which that person has been transported.  In that case,
the officer shall advise the person of those tests that are available
at the medical facility and that the person's choice is limited to
those tests that are available.
   (4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.

   (5) A person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle.  A person who is dead is deemed not to have withdrawn his or
her consent and a test or tests may be administered at the direction
of a peace officer.
   (b) A person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) A person who is afflicted with a heart condition and is using
an anticoagulant under the direction of a licensed physician and
surgeon is exempt from the blood test required by this section.
   (d) (1) A person lawfully arrested for an offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
   (2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood.  If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
   (e) (1) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person.  The notice shall be on a form provided by the
department.
   (2) If a driver who is at fault in causing a traffic collision
that is the proximate cause of a fatality and refuses or fails to
complete a chemical test or tests, the peace officer, acting on
behalf of the department, shall serve the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle personally on the person.  The notice
                       shall be on a form provided by the department.

   (f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of any driver's
license issued by this state that is held by the person.  The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest or accident.
   (g) (1) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 13380, to the department.  If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory.  The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.

   (2) (A) Notwithstanding any other provision of law, a document
containing data prepared and maintained in the governmental forensic
laboratory computerized database system that is electronically
transmitted or retrieved through public or private computer networks
to or by the department is the best available evidence of the
chemical test results in all administrative proceedings conducted by
the department.  In addition, any other official record that is
maintained in the governmental forensic laboratory, relates to a
chemical test analysis prepared and maintained in the governmental
forensic laboratory computerized database system, and is
electronically transmitted and retrieved through a public or private
computer network to or by the department is admissible as evidence in
the department's administrative proceedings.  In order to be
admissible as evidence in administrative proceedings, a document
described in this subparagraph shall bear a certification by the
employee of the department who retrieved the document certifying that
the information was received or retrieved directly from the
computerized database system of a governmental forensic laboratory
and that the document accurately reflects the data received or
retrieved.
   (B) Notwithstanding any other provision of law, the failure of an
employee of the department to certify under subparagraph (A) is not a
public offense.
   (h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
   (i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
  The person's obligation to submit to a blood, breath, or urine
test, as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test.  The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.
  SEC. 20.  Section 23622 of the Vehicle Code is amended to read:
   23622.  (a) In any case charging a violation of Section 23152 or
23153 and the offense occurred within 10 years of one or more
separate violations of Section 23103, as specified in Section
23103.5, that occurred on or after January 1, 1982, 23152, or 23153,
or any combination thereof, that resulted in convictions, the court
shall not strike any separate conviction of those offenses for
purposes of sentencing in order to avoid imposing, as part of the
sentence or term of probation, the minimum time of imprisonment and
the minimum fine, as provided in this chapter, or for purposes of
avoiding revocation, suspension, or restriction of the privilege to
operate a motor vehicle, as provided in this code.
   (b) In any case charging a violation of Section 23152 or 23153,
the court shall obtain a copy of the driving record of the person
charged from the Department of Motor Vehicles and may obtain any
records from the Department of Justice or any other source to
determine if one or more separate violations of Section 23103, as
specified in Section 23103.5, that occurred on or after January 1,
1982, 23152, or 23153, or any combination thereof, that resulted in
convictions, have occurred within 10 years of the charged offense.
The court may obtain, and accept as rebuttable evidence, a printout
from the Department of Motor Vehicles of the driving record of the
person charged, maintained by electronic and storage media pursuant
to Section 1801 for the purpose of proving those separate violations.

   (c) If any separate convictions of violations of Section 23152 or
23153 are reported to have occurred within 10 years of the charged
offense, the court shall notify each court where any of the separate
convictions occurred for the purpose of enforcing terms and
conditions of probation pursuant to Section 23602.
  SEC. 21.  Section 23646 of the Vehicle Code is amended to read:
   23646.  (a) Each county alcohol program administrator or the
administrator's designee shall develop, implement, operate, and
administer an alcohol and drug problem assessment program pursuant to
this article for each person described in subdivision (b).  The
alcohol and drug problem assessment program may include a referral
and client tracking component.
   (b) (1) The court shall order a person to participate in an
alcohol and drug problem assessment program pursuant to this section
and Sections 23647 to 23649, inclusive, and the related regulations
of the State Department of Alcohol and Drug Programs, if the person
was convicted of a violation of Section 23152 or 23153 that occurred
within 10 years of a separate violation of Section 23152 or 23153
that resulted in a conviction.
   (2) A court may order a person convicted of a violation of Section
23152 or 23153 to attend an alcohol and drug problem assessment
program pursuant to this article.
   (3) (A) The court shall order a person convicted of a violation of
Section 23152 or 23153 who has previously been convicted of a
violation of Section 23152 or 23153 that occurred more than 10 years
ago, or has been previously convicted of a violation of subdivision
(f) of Section 647 of the Penal Code, to attend and complete an
alcohol and drug problem assessment program under this article.  In
order to determine whether a previous conviction for a violation
occurring more than 10 years ago exists, the court shall rely on
state summary criminal history information, local summary history
information, or records made available to the judge through the
district attorney.
   (B) If the program assessment recommends additional treatment, the
court may order a person sentenced under either Section 23538 or
23556 to enroll, participate, and complete either of the programs
described under paragraph (4) of subdivision (b) of Section 23542.
   (c) The State Department of Alcohol and Drug Programs shall
establish minimum specifications for alcohol and other drug problem
assessments and reports.
  SEC. 22.  (a) Section 4.1 of this bill incorporates amendments to
Section 13352 of the Vehicle Code proposed by both this bill and SB
1541.  Section 4.1 shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2005, (2) each
bill amends Section 13352 of the Vehicle Code, (3) SB 1697 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after SB 1541, in which case Sections 4, 4.2, 4.3, 4.4,
and 4.5 of this bill shall not become operative.
   (b) Sections 4.2 and 4.3 of this bill incorporate amendments to
Section 13352 of the Vehicle Code proposed by both this bill and SB
1697.  Sections 4.2 and 4.3 shall only become operative if (1) both
bills are enacted and become operative on or before January 1, 2005,
(2) each bill amends Section 13352 of the Vehicle Code, (3) SB 1541
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after SB 1697, in which case Sections 4, 4.1,
4.4, and 4.5 of this bill shall not become operative.
   (c) Sections 4.4 and 4.5 of this bill incorporate amendments to
Section 13352 of the Vehicle Code proposed by this bill, SB 1541, and
SB 1697.  Sections 4.4 and 4.5 shall become operative only if (1)
all three bills are enacted and become effective January 1, 2005, (2)
all three bills amend Section 13352 of the Vehicle Code, and (3)
this bill is enacted after SB 1541 and SB 1697, in which case
Sections 4, 4.1, 4.2, and 4.3 shall not become operative.
  SEC. 23.  Section 5.5 of this bill incorporates amendments to
Section 13352.6 of the Vehicle Code proposed by both this bill and SB
1696.  Section 5.5 of this bill shall become operative only if (1)
both bills are enacted and become effective on or before January 1,
2005, (2) each bill amends Section 13352.6 of the Vehicle Code, and
(3) this bill is enacted after SB 1696, in which case Section 5 of
this bill shall not become operative.
  SEC. 24.  (a) Sections 6.1 and 6.2 of this bill incorporate
amendments to Section 13353 of the Vehicle Code proposed by both this
bill and AB 3049.  Sections 6.1 and 6.2 shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2005, (2) each bill amends Section 13353 of the Vehicle
Code, (3) SB 1697 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 3049, in which case
Sections 6, 6.4, and 6.5 of this bill shall not become operative.
   (b) Sections 6.1 and 6.4 of this bill incorporate amendments to
Section 13353 of the Vehicle Code proposed by both this bill and SB
1697.  Sections 6.1 and 6.4 shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2005,
(2) each bill amends Section 13353 of the Vehicle Code, (3) AB 3049
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after SB 1697, in which case Sections 6, 6.2,
and 6.5 of this bill shall not become operative.
   (c) Section 6.1 and 6.5 of this bill incorporate amendments to
Section 13353 of the Vehicle Code proposed by this bill, AB 3049, and
SB 1697.  Sections 6.1 and 6.5 shall become operative only if (1)
all three bills are enacted and become effective January 1, 2005, (2)
all three bills amend Section 13353 of the Vehicle Code, and (3)
this bill is enacted after AB 3049 and SB 1697, in which case
Sections 6, 6.2, and 6.4 shall not become operative.
  SEC. 25.  Sections 8.3 and 8.5 of this bill incorporate amendments
to Section 13353.3 of the Vehicle Code proposed by both this bill and
SB 1697.  Sections 8.3 and 8.5 of this bill shall become operative
only if (1) both bills are enacted and become effective on or before
January 1, 2005, (2) each bill amends Section 13353.3 of the Vehicle
Code, and (3) this bill is enacted after SB 1697, in which case
Section 8 of this bill shall not become operative.
  SEC. 26.  (a) Sections 9.1 and 9.2 of this bill incorporate
amendments to Section 13353.7 of the Vehicle Code proposed by both
this bill and AB 3049.  Sections 9.1 and 9.2 shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2005, (2) each bill amends Section 13353.7 of the
Vehicle Code, (3) SB 1697 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after AB 3049, in which
case Sections 9, 9.4, and 9.5 of this bill shall not become
operative.
   (b) Sections 9.1 and 9.4 of this bill incorporate amendments to
Section 13353.7 of the Vehicle Code proposed by both this bill and SB
1697.  Sections 9.1 and 9.4 shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2005,
(2) each bill amends Section 13353.7 of the Vehicle Code, (3) AB 3049
is not enacted or as enacted does not amend that section, and (4)
this bill is enacted after SB 1697, in which case Sections 9, 9.2,
and 9.5 of this bill shall not become operative.
   (c) Section 9.1 and 9.5 of this bill incorporate amendments to
Section 13353.7 of the Vehicle Code proposed by this bill, AB 3049,
and SB 1697.  Sections 9.1 and 9.5 shall become operative only if (1)
all three bills are enacted and become effective January 1, 2005,
(2) all three bills amend Section 13353.7 of the Vehicle Code, and
(3) this bill is enacted after AB 3049 and SB 1697, in which case
Sections 9, 9.2, and 9.4 shall not become operative.
  SEC. 27.  Sections 13.3 and 13.5 of this bill incorporate
amendments to Section 23540 of the Vehicle Code proposed by both this
bill and SB 1697.  Sections 13.3 and 13.5 of this bill shall become
operative only if (1) both bills are enacted and become effective on
or before January 1, 2005, (2) each bill amends Section 23540 of the
Vehicle Code, and (3) this bill is enacted after SB 1697, in which
case Section 13 of this bill shall not become operative.
  SEC. 28.  Section 19.5 of this bill incorporates amendments to
Section 23612 of the Vehicle Code proposed by both this bill and SB
1429.  Section 19.5 of this bill shall become operative only if (1)
both bills are enacted and become effective on or before January 1,
2005, (2) each bill amends Section 23612 of the Vehicle Code, and (3)
this bill is enacted after SB 1429, in which case Section 19 of this
bill shall not become operative.
  SEC. 29.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.