This bill establishes a driver’s license reinstatement procedure for certain DWI violations; requires the Commissioner of Public Safety to establish performance standards through the rulemaking procedure; and provides that driving after a DWI-related license suspension is a misdemeanor which may not appear on the Statewide Payables List.

Section 1 requires certain DWI offenders to either: (1) participate in the ignition interlock program; or (2) not own or lease a vehicle and have no DWI or driver’s license violations before the person’s driver’s license may be reinstated.

For a person who uses ignition interlock, that person must comply with the program for one year if the individual’s license was revoked for: (1) a second qualified prior impaired driving incident in ten years; or (2) a third qualified incident in the person’s lifetime.  The provision requires two years of ignition interlock for a person whose license was revoked for either of those reasons and the person either: (i) had an alcohol concentration of twice the legal limit; or (2) refused to submit a required breath, blood, or urine sample.

Under current law, the Commissioner of Public Safety must establish performance standards and a process for certifying chemical monitoring devices.  Those standards and procedures are exempt from rulemaking requirements.  This bill would require them to follow the full rulemaking process.

Section 2 creates a misdemeanor offense for driving after a driver’s license has been suspended, revoked, or canceled for a DWI-related offense, and prohibits the Judicial Council from including this offense on the Statewide Payables List.  The new offense does not replace the crime of driving with a license canceled because the person’s operation of a motor vehicle would be inimical to public safety.

This bill is effective August 1, 2018, and applies to crimes committed on or after that date.