Vehicles: driving under the influence of alcohol and drugs.

Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle. A violation of this prohibition, generally, is punishable as a misdemeanor. Existing law authorizes a court to offer misdemeanor diversion to criminal defendants which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. This bill would place requirements on misdemeanor diversion for persons charged with driving under the influence of alcohol and drugs (DUI) , as specified. The bill would limit diversion to persons who have no prior convictions for DUI, and who have not completed diversion for DUI within the past 10 years. The bill would require, as a condition of diversion, for the defendant to install an ignition interlock device, as specified, and to participate in education and counseling programs, as specified. This bill would require the department to include diverted arrests in its tracking of DUI arrest and conviction data. This bill would also require a violation for DUI that is dismissed pursuant to this diversion program to count as a prior conviction for purposes of subsequent convictions for driving under the influence, as specified. Existing law, until January 1, 2026, requires a person, upon a criminal conviction for DUI with a prior conviction for DUI or for driving under the influence and causing injury, to install and maintain an ignition interlock device (IID) for a specified period of time. Existing law also authorizes a court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license. This bill would instead require a person, upon the person's first criminal conviction for DUI, to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders. This bill would give credit towards the court-ordered term of IID installation for any period of time after the arrest that the person voluntarily installs and operates an IID. This bill would place specified recordkeeping requirements upon manufacturers of IIDs. The bill would also would extend the required term of IID installation by 60 days if, within the final 60 days of installation, a driver attempts to start the vehicle when a specified level of alcohol is detected.