Relating to operating-while-intoxicated offenses, including the lookback period for prior convictions, temporary restricted licenses, and ignition interlock devices, providing penalties, and making penalties applicable

2 is required to be deleted from the department of transportation (DOT) operating records years after the date of conviction or the effective date of a driver’s license revocation. Deleted records cannot be considered as a prior conviction for the purpose of determining whether a current OWI violation is considered a second, third, or subsequent offense by a court. This bill prohibits the DOT from deleting any record of a person’s conviction or license revocation due to OWI violations while the person is alive. The bill also provides that prior convictions for reckless driving and public intoxication following an OWI arrest is considered a prior OWI conviction. Under current law, a person whose license is revoked for OWI is required to install an ignition interlock device (IID) prior to receiving a temporary restricted license (TRL) from the DOT. The IID must be installed on every vehicle owned or operated by the person. However, if the person has had no previous OWI conviction or revocation, the person must install the IID only on all motor vehicles operated by the person. Current law also requires persons convicted of a second or subsequent OWI offense to install an IID for a minimum of one year prior to being eligible for reinstatement of a driver’s license other than a TRL. The bill adds compliance based removal (CBR) provisions to the IID requirements. Under the bill, a person convicted of a third or subsequent OWI is required to complete the CBR requirements. Under CBR, a person’s requirement to have an IID installed can be extended if the person violates certain conditions of the IID use requirements. The bill allows a court to extend the IID requirements beyond the maximum time of possible incarceration under CBR if violations occur. The bill adds a requirement that new IIDs contain a camera to take still photographs when the device prompts a person to submit a breath sample. The photos can be used to confirm or dispute a violation. The DOT is required to suspend the registration of any vehicle owned by a person subject to IID requirements who fails to submit proof that an IID was installed on the vehicle. However, a family member of the vehicle owner can submit an affidavit to the DOT to waive the suspension under certain circumstances. If a family member provides an affidavit under the requirements of the bill but then allows the vehicle owner to use the motor vehicle the family member is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.20 to operate an employer’s motor vehicle without an IID, if required as part of the person’s employment duties, under certain specifications as set forth in the bill.2. The bill creates new criminal offenses for persons who operate a motor vehicle either while revoked or without having an IID installed when required on the motor vehicle. The penalties range from a serious misdemeanor to a class “D” felony. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill adds the requirement to install an IID on every vehicle owned or operated by a person arrested for a third or subsequent OWI offense as a condition of bail. The person is required to provide proof that an IID was properly installed on each required vehicle within days of release. The bill makes organizational and conforming changes to Code chapter 321J.