BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2687 (Achadjian) - Vehicles: passenger for hire: driving
under the influence
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|Version: May 27, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2687 would make it unlawful, commencing July 1,
2018, for a person to drive a motor vehicle with a blood alcohol
level of 0.04 percent or more when a passenger for hire, as
defined, is in his or her vehicle.
Fiscal
Impact:
State prisons : Potentially significant increase in state
costs (General Fund) for new commitments to state prison to
the extent the more stringent blood alcohol content (BAC)
level results in additional felony convictions to state
prison. The CDCR indicates over 1,700 commitments in 2015
under the applicable DUI offenses. The number of additional
commitments resulting from the bill cannot be known with
certainty. For every one percent increase in annual
commitments, costs are estimated at $500,000 (General Fund)
assuming the contract bed rate of $29,000 per year.
County jails : Potentially significant increase in local costs
(Local Funds) for additional misdemeanor convictions that
AB 2687 (Achadjian) Page 1 of
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result in a greater number of sentences to county jail. The
DMV data indicates nearly 118,000 convictions in 2015 for the
DUI offenses applicable to this measure. Even a one percent
increase in convictions would result in a significant impact
to local jails.
DMV : Minor one-time costs of less than $50,000 (Special
Fund*) for programming changes necessitated by the bill.
CHP : Minor costs to train officers on the new standard, and
no anticipated additional costs for equipment.
*Motor Vehicle Account
Background: Existing law provides that it is unlawful for any person while
having 0.08 percent or more, by weight, of alcohol in his or her
blood, to drive a vehicle. (Vehicle Code (VC) § 23152(b).)
Existing law additionally provides that it is unlawful for a
person who has 0.04 percent or more, by weight, of alcohol in
his or her blood to drive a commercial motor vehicle, as
defined. (VC § 25152 (d).) Under existing law, a "commercial
motor vehicle" is defined as "any vehicle or combination of
vehicles that requires a Class A or Class B license, or a Class
C license with an endorsement issued for the following vehicles:
A double trailer.
A passenger transportation vehicle, which includes, but
is not limited to, a bus, farm labor vehicle, or general
public paratransit vehicle when designed, used, or
maintained to carry more than 10 persons including the
driver.
A schoolbus.
A tank vehicle.
A vehicle carrying hazardous materials, as specified.
(VC § 15278.)
This bill seeks to hold drivers for ride sharing services (Uber,
Lyft) and taxi drivers that are currently governed by the 0.08
percent BAC limit, to the stricter 0.04 percent BAC limit
currently imposed on drivers of commercial vehicles.
Proposed Law:
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This bill would make it unlawful for a person who has 0.04
percent or more, by weight, of alcohol in his or her blood to
drive a motor vehicle when a passenger for hire is a passenger
in the vehicle at the time of the offense. This bill:
Makes it unlawful for a person, while having a 0.04
percent or more, by weight, of alcohol in his or her blood
to drive a motor vehicle when a passenger for hire is a
passenger in the vehicle at the time of the offense, and
concurrently to do any act forbidden by law or neglect any
duty imposed by law in driving the vehicle, which act or
neglect proximately causes bodily injury to any person
other than the driver.
Defines "passenger for hire" as a passenger for whom
consideration is contributed or expected as a condition of
carriage in the vehicle, whether directly or indirectly
flowing to the owner, operator, agent, or any other person
having an interest in the vehicle.
Provides in a prosecution under the provisions of this
bill, it is a rebuttable presumption that the person had
0.04 percent or more, by weight, of alcohol in his or her
blood at the time of driving the vehicle if the person had
0.04 percent or more, by weight, of alcohol in his or her
blood at the time of performance of a chemical test within
three hours after driving.
Commences implementation of the bill's provisions on
July 1, 2018.
Related
Legislation: None known.
Staff
Comments: By revising the BAC limit from 0.08 percent to 0.04
percent for drivers with a "passenger for hire" in their
vehicles, this bill could result in a greater number of
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individuals potentially violating the driving under the
influence (DUI) statutes, resulting in an increase in arrests
and convictions for DUI offenses.
To the extent lowering the BAC level at which driving is
considered lawful, this bill could lead to additional arrests
and subsequent convictions for DUI offenses, and could result in
additional costs for state and local incarceration of an
unknown, but potentially significant amount.
The DMV has indicated any costs for programming are estimated to
be minor and absorbable within existing resources given the
18-month delay prior to implementation on July 1, 2018, of the
revised BAC standard for specified drivers.
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