BILL ANALYSIS AB 1928 Page 1 Date of Hearing: April 21, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 1928 (Torlakson) - As Amended: April 7, 2010 Policy Committee: TransportationVote:14-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill corrects technical errors in the administrative appeals process for drivers arrested for driving under the influence (DUI) of alcohol or drugs. Specifically, this bill: 1)Requires the Department of Motor Vehicles (DMV) appealing officer to uphold the suspension or revocation of a commercial driver's license if he or she determines the driver had a BAC of 0.04% while driving a commercial vehicle - the same standard as applies for the initial suspension. 2)Requires the DMV appealing officer to sustain a license suspension if he or she finds that a person on probation for a DUI violation is found to have been driving with a blood alcohol concentration of 0.01 or more. FISCAL EFFECT DMV indicates the bill would have no state costs. COMMENTS Rationale . This bill corrects an error in statutes pertaining to the administrative appeals process for driving under the influence violations. Currently DMV is required to suspend or revoke immediately a commercial driver's license if the driver operates a commercial vehicle while having a BAC of 0.04% or higher. However, related statutes provide that a DMV hearing officer cannot uphold the suspension or revocation unless the person's BAC was .08% or higher. In Atiqur Rehman v. Department of Motor Vehicles, 1783 Cal. App. AB 1928 Page 2 4th 581 (2009), the court opined that applying the law literally-that is, a .04% standard for an immediate suspension, subject to an appeal under a .08% standard-"would lead to the absurd result of issuing orders of suspension that could never be effective." The court indicated that lawmakers must have intended a uniform .04% standard and accidentally left if out of the statute. A similar inconsistency exists with regard to DMV's authority to sustain an order of suspension for any person under court-ordered probation for a previous DUI and found to be driving with a BAC of .01% or more. Again, current statutes provide that a DMV hearing officer cannot uphold the suspension or revocation unless the person's BAC was .08% or higher. Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081