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