BILL ANALYSIS
AB 1928
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Date of Hearing: April 5, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1928 (Torlakson) - As Introduced: February 17, 2010
SUBJECT : Commercial driver's license: suspension or revocation
SUMMARY : Corrects a technical error in the administrative
appeals process for commercial drivers arrested for driving
under the influence (DUI) of alcohol or drugs with a
blood-alcohol content (BAC) .04% or higher. Specifically, this
bill would require the Department of Motor Vehicles (DMV) to
sustain the suspension or revocation of a commercial driver's
license if, among other things, it determines that person had a
BAC of .04% while driving a commercial vehicle.
EXISTING LAW:
1)Provides for the immediate driver's license suspension or
revocation for any person found to be driving under the
influence of alcohol or drugs and having one of the following:
a) A BAC of.08% or more;
b) A BAC of .01% or more if that person is under 21 years
of age or is on probation for a previous DUI; and,
c) A BAC or .04% or more if that person was driving a
commercial vehicle.
2)Requires DMV to sustain an order of suspension or revocation
if the department determines specific facts in its
administrative review, including: that the person was driving
a motor vehicle and had a .08% or more or, if the person under
21 years of age, a BAC of .01% or more.
3)Does not authorize DMV to sustain an order of suspension or
revocation during its administrative review if it determines
that the person was driving a commercial vehicle and had a BAC
of less than .08%.
FISCAL EFFECT : Unknown
AB 1928
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COMMENTS : According to the author, this bill corrects an error
in statutes pertaining to commercial drivers who operate
commercial vehicles while under the influence of alcohol or
drugs. Under existing law, 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 .04% or higher. In
conflict with this, however, statutes provide that a DMV hearing
officer cannot uphold the suspension or revocation unless the
person's BAC was .08% or higher.
A recent state appeallate court opinion acknowledges the
discrepancy. In Atiqur Rehman v. Department of Motor Vehicles,
1783 Cal. App. 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.
This bill corrects this mistake.
Author's amendments : A mistake similar to the one that this
bill would fix also exists regarding 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.
The author intends to take amendments in committee to correct
this provision as well.
Previous legislation : AB 2520 (Committee on Transportation),
Chapter 574, Statutes of 2006, requires the immediate suspension
of commercial driver's license if the person has a .04% BAC and
is driving a commercial vehicle.
AB 1165 (Maze), Chapter 749, Statutes of 2007, makes it unlawful
for a person who is on probation for a previous DUI to operate a
motor vehicle with a BAC of .01% or greater.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1928
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Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
Riverside Sheriffs' Association
Opposition
None received
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093