DUI
CA DUI Laws
Legislation Toughens California DUI Laws
Bill calls for suspending licenses for 10 years for repeat offenders
On Monday, the California General Assembly passed legislation calling for increased penalties for those convicted of multiple CA DUI offenses. Bill AB1601 gives authority to the courts to revoke a driver's license for ten years when the offender has been convicted of three or more times for drunk driving within ten years.
Under current California drunk driving laws, a motorist can lose his/her license for two to five years.
The bill has been passed by the Assembly and now goes to Gov. Arnold Schwarzenegger's desk for consideration.
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California DUI Law Changed in Committee
Proposed law aimed at increasing penalties for drunk driving in California
A piece of anti-drunk driving legislation in the California State Assembly has been modified by an Appropriations Committee, removing two main points from the original bill. The key changes include the removal of a life-time 'look-back' period for prior California DUI arrests and the elimination of a provision allowing judges to permanently suspend a repeat offender's driver's license.
Under current state law, the prosecution can search a ten year window for any prior driving under the influence offenses in California. Any DUI more than ten years old is not included on a driver's record. Regarding license suspension, the existing law allows a judge to revoke a license for three years after a third offense for DUI in California. The proposed legislation sought to change that to a lifetime suspension. The compromise was a revocation of up to 10 years at the discretion of the judge.
Economics were cited for the changes in the proposed bill. California is currently grappling with a $19 billion deficit and any new expenses to the state budget are highly scrutinized. The lifetime look-back period especially would have increased the number of felony DUI convictions, in turn adding more inmates to the already crowded state prison system.
The original bill was challenged by civil liberties advocates and California DUI defense lawyers. It was noted that getting one's license back is strong incentive for a CA DUI offender to seek treatment for an alcohol problem which would potentially reduce recidivism. As part of the process, it is recommended that repeat offenders be required to install an ignition interlock in their vehicles before having driving privileges restored.
Starting July 1, 2010, California will begin testing a pilot program requiring mandatory installation ignition interlock devices for those arrested for drunk driving in Los Angeles, Tulare, Alameda and Sacramento Counties. If successful, the program may be expanded to the rest of the state.
The author of the DUI legislation is undeterred by the committee changes, saying that compromise is part of the legislative process. He added that any opportunity to remove a drunk driver from the highway is worth it. The bill now heads for a vote on the Assembly floor. If passed it will be taken up by the state Senate.
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California DUI Bill Stalls Over Costs
Proposed law would permanently revoke driver’s licenses for CA DUI offenders
Legislation drafted to increase the penalty for driving under the influence in California has stalled in committee over anticipated costs associated with the bill. The measure drafted by Assemblyman Jerry Hill would give judges the authority to permanently revoke the driver's licenses of those convicted of a third DUI offense. It would also allow authorities to review a person's entire driving history rather than being limited to a 10-year look-back period, and assign jail sentences accordingly.
A consultant has reviewed the bill and estimates it would cost taxpayers at minimum $11 million and potentially as much as $28 million. The bulk of the costs would be associated with the need to expand California's already crowded prison system. The proposed DUI measure comes at a time when the federal government has ordered California to reduce its prison population. To comply, the state has released inmates incarcerated for lesser crimes, like drug possession, theft and DUI in California.
Under current state law a motorists found guilty of drunk driving in California is subject to a jail sentence, beginning with a first offense. Typically, an offender is offered court ordered treatment programs before being sent to jail. The potential jail term increases with each additional offense within 10 years, and a fourth offense is filed as a felony.
Opponents of the license revocation bill say that it will remove a very influential incentive for drunk driving offenders to enter an alcohol or substance abuse treatment program. Research shows a drop in recidivism for drunk driving when an offender is required to complete a treatment program before being licensed to drive again.
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New Legislation Calls for 3-Strike Rule for California DUI
Permanent suspension of a driver's license after third CA drunk driving offense
An assemblyman from San Mateo has introduced legislation calling for increased restrictions on driver's licenses following a third arrest for driving under the influence in California. Jerry Hill has proposed a 3-strike law that would allow judges to permanently revoke a license after a third CA DUI. The legislation would also allow the Department of Motor Vehicles to review a driver’s complete drunk driving history when considering license suspension or revocation.
Currently the DMV has the ability to look back ten years when considering the administrative suspension of a motorist’s license for DUI in California. The new legislation would certainly increase California drunk driving penalties for chronic, repeat offenders.
Hill submitted the legislation after learning that two constituents in his district have nine California DUI arrests on their records. He expressed dismay that drivers in California are still legally qualified to operate a vehicle as long as they had not killed or injured anyone during their DUI incidents.
Statistics compiled by the DMV show that 34,145 motorists in the state have three or more arrests for California drunk driving on their records. 154,337 drivers have two or more DUI arrests.
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Proposed Legislation Would Get Tough on BUI in California
Lawmaker wants to seize driver’s licenses in cases of boating under the influence in CA.
California state lawmaker John Benoit has sponsored legislation that would suspend a California driver’s license when an individual is convicted of boating under the influence of alcohol or drugs.
In the mid-90’s the California Department of Motor Vehicles began suspending the privilege to drive a vehicle following a BUI conviction. That action was stopped following a 2008 decision by the California Court of Appeals that the DMV lacked the authority to do so. Senate Bill 154 aims to reinstate the license suspension penalty. The legislation calls for the DMV to suspend driving privileges for those with a prior conviction for California DUI or BUI when found guilty of a subsequent offense. Offenders would also be required to complete an alcohol education program.
State records show that approximately one quarter of all deaths on California waterways involves alcohol impairment. Benoit issued a press release stating, “My legislation reflects the seriousness of BUI offenses, protecting the safety of travelers on California’s streets, highways and waterways.” The bill was passed by the Senate in late May and received support from the Assembly Committee on Public Safety last week. It is now scheduled for review by the full Assembly.
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Drunken Boating in California May Be Treated as DUI
New legislation hopes to tie BUI to California DUI penalties.
A bill is being considered in the state Senate that will make Boating Under the Influence as serious as Driving Under the Influence in California. Since the mid-90’s the Department of Motor Vehicles has been treating drunk boating offenses like CA DUI cases, suspending the offender’s driver’s license. Last year, however, a court of appeals ruled that the DMV does not have that authority. The proposed legislation would establish that authority.
Senator John Benoit’s bill would allow the DMV to suspend a boater’s license in the event of an arrest for boating under the influence. It would also mandate enrollment in an alcohol awareness program. Benoit says there is a need for making the state’s waterways safe for recreational and commercial use. Local harbor patrols agree, citing the responsibility a boat operator has to the occupants of the vessel.
During 2007, there were a reported 55 boating accidents resulting in fatality in California waters. Nearly half of the fatalities were boat passengers and 20 victims were found to be under the influence of alcohol.
Lawmakers and law enforcement officers alike hope that people who venture out on the water first establish a designated boater for safety.
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Changes to California DUI Laws
New year brings new California drunk driving legislation.
Effective Thursday, January 1, there will be zero tolerance for repeat offenders of driving under the influence in California. A new law stipulates that a person convicted of CA DUI cannot operate a motor vehicle with a blood alcohol content of .01 per cent or greater while on probation for the DUI offense. A motorist on probation for California DUI is required to submit to a breath test when requested by a law enforcement officer. Refusal to do so will result in a ticket being issued, driver’s license being seized, driving privileges suspended and impoundment of vehicle.
The same penalties apply if a breath test reveals a BAC of .01% or greater.
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California DUI Applies to Bicyclists
Bike riders can be charged with ’driving’ under the influence in CA.
The law states that bicyclists are subject to the same rights as other vehicles, which conversely means they are subject to the same penalties, including DUI in California. The California Vehicle Code states that it is unlawful for a person to ride a bicycle on a highway while under the influence of alcohol or any drug.
As with a motorized vehicle, a first time DUI offense is typically filed as a misdemeanor. The penalties can include fines and mandatory community service. If convicted, a bicycle DUI in California will remain on a person’s Department of Motor Vehicles driving record for three years.
If you have been charged with driving under the influence in California you need to hire an experienced CA DUI Lawyer.
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Appeals Courts Rules Vehicle Seizure Not Required in California DUI Cases
Ruling stems from suit against highway patrol officers after a car of driver arrested for DUI is released.
The Third District Court of Appeals of California ruled that police are not required to seize and hold a vehicle of a motorist accused (but not convicted) of driving under the influence or driving while having a suspended license.
See the Third District Court of Appeals of California's Ruling
The decision by the three judge panel involves a case filed against two California Highway Patrol officers. The CHP officers arrested Scott St. Pierre for California DUI and driving with a suspended license, after a minor traffic accident. Later in the day, police released St. Pierre and allowed his mother to retrieve his impounded car. Hours later St. Pierre was involved in an accident that killed Jerry Walker. Relatives of Walker sued the California Highway Patrol, saying that the CHP officer’s failure to keep St. Pierre’s seized vehicle resulted in a wrongful death. A trial court agreed that when a vehicle is seized during a suspended license case, the law says it must be impounded for thirty days.
The Appeals Court found the trial court had technically misread the law. The Appeals judges went on to say that their interpretation follows the legislative intent of the law. They pointed out that the state of California would need the space to store one million vehicles if every motorist driving without a license was apprehended and their vehicles impounded for thirty days.
The Court also ordered the dismissal of the suit filed against the CHP officers.
Arrested for a DUI in California? You will need to hire a California DUI lawyer to help you fight your drunk driving charge and to save your driver's license.
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Court Rules on Use of Unmarked Police Vehicles After California DUI
Appeals court weakens state ban on unmarked cars following case of drunk driving in California.
The California Court of Appeals for the Third District recently made a ruling in a drunk driving case that will have an impact on an 85-year old ban against unmarked police cars in the state. The ban was initially implemented to eliminate clandestine speed traps, and the court decision supports traffic stops for offenses other than speeding.
A county sheriff’s deputy patrolling in an unmarked police car became suspicious of a vehicle driven slowly by Paul Dyer. After following Dyer and claiming his Jeep Cherokee crossed highway lines several times, a traffic stop was initiated. The officer suspected driving under the influence in California and had a second deputy arrive on the scene with a marked squad car. Though a breath test revealed a blood alcohol content below the legal limit for intoxication, the officer deemed the test ‘inconclusive’ and had Dyer arrested anyway.
A trial court dismissed the California DUI and ordered the return of the defendant’s driver’s license. The Department of Motor Vehicles appealed that decision.
California has outlawed unmarked police cars since 1923, in a direct effort to eliminate speed traps designed to supplement local revenues through exorbitant fines. The statute requires distinctively marked law enforcement vehicles.
The three-judge Appeals Court ruled that the officer with the unmarked vehicle in the Dyer case only played a supervisory role, and the actual arrest was made by the second officer. In addition, the court declined to apply the speed trap law to other traffic offenses, like drunk driving in California. The court ordered a new trial to determine if Dyer was legally intoxicated at the time of his DUI arrest.
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