Relating to operating-while-intoxicated offenses, including temporary restricted licenses and ignition interlock devices, providing penalties, making penalties applicable, and including effective date and applicability provisions

6).04. Current law also requires a person with a second or subsequent driver’s license revocation for OWI to install an IID for a minimum of one year after reinstatement of a driver’s license other than a TRL. The one-year period may be offset by any time a person had an IID installed on the person's vehicle while operating with a TRL. The bill expands that provision. After reinstatement of a driver’s license other than a TRL, a person with no previous revocation under Code chapter 321J must maintain an IID for 180 days. These IID periods may be extended based on compliance-based removal (CBR) provisions. The period of time a person is required to maintain an IID will be extended by days each time an IID detects or more violations within a 30-day period, five or more violations within a 24-hour period, tampering with or attempting to circumvent the IID, or removing the IID without authorization. The IID provider must generate and submit a compliance report to the DOT no earlier than the date on which the period of time a person is required to maintain an IID for driver’s license reinstatement ends, and no later than seven business days following that date. The IID provider is required to generate and submit a subsequent report to the DOT in this manner based on any subsequent extensions, if any. The bill does not limit the number of times an IID requirement for driver’s license reinstatement for a person may be extended.04 or more. However, it is not a violation under CBR if a person provides a detectable breath sample and successfully passes a test immediately following the first failed test or in response to a bypass or circumvention attempt. Under the bill, a person who removes an IID without authorization commits a serious misdemeanor. 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. Current law authorizes the DOT to issue a TRL to a person whose noncommercial driver’s license is revoked as a result of an OWI violation. The TRL allows the person to operate a motor vehicle in any manner allowed for a person issued a valid class C driver’s license, unless otherwise prohibited by Code chapter 321J.2A.2A (OWI for persons under 21). The bill authorizes the DOT to adopt rules in accordance with federal law to waive the requirement to install an IID if a person has a verifiable medical condition that makes the person incapable of properly operating an IID. If a person with a verifiable medical condition receives a medical waiver and is issued a TRL, the TRL only authorizes the person to drive from the person’s home to the person’s employment, health care appointments including such appointments for another who is dependent on the person, education programs, substance use disorder treatments, court-ordered community service responsibilities, and appointments with a parole or probation officer. The bill takes effect January 1, 2025, and applies to driver’s license revocations under Code chapter 321J for which the underlying offense occurred on or after that date.