BILL ANALYSIS
AB 1601
Page 1
ASSEMBLY THIRD READING
AB 1601 (Hill)
As Amended May 28, 2010
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 12-2
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|Ayes:|Hagman, Beall, Gilmore, |Ayes:|Fuentes, Ammiano, |
| |Hill, Portantino | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, Monning, Ruskin, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Permits a court to order a 10-year revocation of a
driver's license for a person convicted of three or more
separate driving under the influence (DUI) offenses.
Specifically, this bill :
1)Permits a judge to order a 10-year driver's license revocation
of a person convicted of three or more separate DUI offenses.
2)Specifies that a court should consider the following prior to
issuing a 10-year revocation of a driver's license for a
person having three of more DUI offenses:
a) The person's level of remorse for the acts;
b) The period of time that has elapsed since the person's
previous convictions;
c) The person's participation in an alcohol treatment
program;
d) The person's risk to traffic or public safety; and,
e) The person's ability to install a certified ignition
interlock device (IID) in each motor vehicle that he or she
owns or operates.
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3)Specifies that upon receipt of a duly certified abstract of
the record of the court showing the court has ordered a
10-year revocation of a driver's license pursuant to having
three or more DUI convictions, the Department of Motor
Vehicles (DMV) shall revoke the person's driver's license
except as specified.
4)States that five years following the last DUI conviction, a
person whose license was revoked for 10-years may apply to the
DMV to have his or her privilege to operate a motor vehicle
reinstated, subject to the condition that the person submits a
"Verification of Installation" form and agrees to maintain an
IID for two years as specified. States that the DMV shall
reinstate the person's license if the person satisfies all of
the following conditions:
a) The person was not convicted of any drug or alcohol
related offenses during the revocation period;
b) The person successfully completed a DUI program, as
specified; and,
c) The person was not convicted of driving on a suspended
license.
5)Clarifies that the term of revocation shall be suspended while
the person whose license has been revoked is in jail or
prison.
EXISTING LAW :
1)Provides that it is unlawful for any person under the
influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to
drive a vehicle.
2)States that it is unlawful for any person who has a 0.08% or
more by weight of alcohol in his or her blood to drive a
vehicle.
3)Provides that a person convicted of a second DUI within 10
years of a specified prior DUI conviction shall be punished by
imprisonment in the county jail for 90 days to one year and/or
a fine of $390 to $1,000.
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4)Provides that a person convicted of a third DUI within 10
years of two separate specified DUI convictions shall be
punished by imprisonment in the county jail for not less than
120 days nor more than one year. The person is also subject
to a fine of $390 to $1,000 and revocation of his or her
driver's license.
5)Provides that a person convicted of a DUI within 10 years of
three or more separate specified DUI convictions is guilty of
an alternate felony/misdemeanor, punishable by imprisonment in
the state prison for 16 months, 2 or 3 years or in the county
jail for not less than 180 days nor more than one year. The
person is also subject to a fine of $390 to $1,000 and
revocation of his or her driver's license.
6)Mandates a court granting probation to a DUI first offender
who had a blood alcohol concentration (BAC) of 0.20% or more,
or who refused to take a chemical test, to order the defendant
to participate for at least six months in a licensed program
that consists of at least 45 hours of education, group
counseling, individual interview sessions, and other specified
program activities.
7)States that each county shall develop, implement, and operate
an alcohol and drug assessment program that shall assess a
person convicted of a second or subsequent DUI violation who
failed to comply with the rules and policies of the drinking
driver treatment program.
8)Requires a person convicted of DUI or DUI with bodily injury
within seven years of conviction of a separate violation of
DUI or DUI with bodily injury to participate in a drug problem
assessment program.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor costs, likely less than $150,000 to the courts
and the DMV.
COMMENTS : According to the author, "Should a DUI conviction be
deleted from a driver's record after 10 years as is allowed
under current state law allowing repeat DUI offenders to get
their license back quicker and easier? AB 1601 changes state
law so that eight DUIs means eight DUIs. This will ensure that
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the penalty truly fits the crime. In the case of my
constituent, his eighth DUI was treated as his third DUI because
the previous convictions fell outside of the 10-year window.
"Should a repeat DUI driver have to hurt or kill someone before
their license is revoked as is required by state law or should
judges be given the discretion to revoke licenses from repeat
DUI offenders after taking several factors into consideration?
AB 1601 authorizes judges to revoke one's driver's license upon
their third DUI conviction after taking various considerations
into account, including but not limited to: the period of time
that has elapsed since the person's previous convictions; the
person's participation and successful completion of an alcohol
treatment program; the person's risk to traffic or public
safety; and the person's ability to install an IID."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004616