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

Under current law, a person whose driver’s license is revoked for operating while intoxicated (OWI) is required to install an ignition interlock device (IID) prior to being issued a temporary restricted license (TRL) by the department of transportation (DOT). The IID must be installed on every vehicle owned or operated by the person, or every vehicle operated by the person if the person has had no previous conviction or revocation under Code chapter 321J. 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. This 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 if the violation did not involve personal injury or death. If it did, the person with no previous revocation under Code chapter 321J is subject to the one-year IID requirement under current law. The bill allows an exemption for persons who do not own or have access to a motor vehicle. These IID periods may be extended based on compliance-based removal (CBR) provisions. If an IID detects a violation by a person during the 90-day period immediately preceding the date on which the period of time a person is required to maintain an IID for driver’s license reinstatement ends, the period of time is extended until the person completes consecutive days without a violation, as determined by the DOT based on an IID provider’s compliance report submitted in accordance with the bill. The IID provider must generate and submit the 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. Under the bill, a violation includes failing to provide a detectable breath sample when prompted by the IID, providing a breath sample with a level of alcohol concentration beyond which an IID will not allow operation of the motor vehicle, and removing without authorization, bypassing, circumventing, or tampering with the IID, including any such attempt, detected by the device. 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.2. 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. The bill creates a new criminal offense for a person who has a TRL and who operates a motor vehicle without an IID installed. The penalties range from a serious misdemeanor (first offense) to an aggravated misdemeanor with a 48-hour minimum term of imprisonment in a county jail (third or subsequent offense). 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. The bill takes effect January 1, 2024, and applies to driver’s license revocations for Code chapter 321J offenses occurring on or after that date.