Vehicles: driving under the influence: alcohol abuse programs.

Existing law requires the court to impose as a condition of probation for a conviction for a first violation of driving under the influence, in a county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a driving-under-the-influence program, that the driver successfully complete the program in the driver's county of residence or employment, as designated by the court. Existing law provides that enrollment and participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Existing law requires a county alcohol program administrator to coordinate court-established reporting requirements with the Department of Motor Vehicles and the State Department of Health Care Services. This bill would require that enrollment in an approved program take place within 30 days of conviction, unless an extension of no longer than 30 days is granted by the court, as specified. The bill would also require the court, for first time offenders, to consider a blood-alcohol concentration of 0.08% or more, by weight, in combination with the presence of a Schedule I or II controlled substance, as defined, except for marijuana or a controlled substance prescribed by a licensed physician or dentist, as an aggravating factor that may justify enhancing the terms and conditions of probation, as specified. The bill would require the county alcohol program administrator to additionally coordinate court referral and tracking documents with the Department of Motor Vehicles and the State Department of Health Care Services. By imposing new duties on a county employee, this bill would create a state-mandated local program. Existing law authorizes a court, as a condition of probation, to refer a person convicted for driving under the influence to a licensed program, as specified, even though the person's privilege to operate a motor vehicle is restricted, suspended, or revoked. Existing law requires a clerk of the court to indicate the duration of the treatment program the judge has ordered a person to participate in the abstract of the court record that is forwarded to the State Department of Health Care Services. This bill would instead require a court to refer a person with a 2nd or subsequent driving-under-the-influence conviction to a licensed program as a condition of probation even if the person's privilege to operate a motor vehicle is restricted, suspended, or revoked. The bill would require the clerk of the court to also indicate the duration of the treatment program ordered on court referral and tracking documents. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.