BILL ANALYSIS
AB 1928
Page 1
Date of Hearing: April 5, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1928 (Torlakson) - As Amended: April 7, 2010
SUBJECT : Commercial driver's license: suspension or revocation
SUMMARY : Corrects technical errors in the administrative
appeals process for aperson whose driver's license was suspended
or revoked upon being arrested for driving under the influence
(DUI) of alcohol or drugs. Specifically, this bill:
1)Requires 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.
2)Requires DMV to sustain the suspension or revocation of a
driver's license if it determines that a person under
court-ordered probation for a previous DUI was arrested for
driving with a BAC of .01% or more.
EXISTING LAW:
3)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.
4)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.
5)Does not authorize DMV to sustain an order of suspension or
AB 1928
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revocation during its administrative review if it determines
that the person was driving a commercial vehicle, or was on
probation for a previous DUI, and had a BAC of less than .08%.
FISCAL EFFECT : Unknown
COMMENTS :
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 and a similar mistake related to
drivers on probation for a previous DUI.
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
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
Los Angeles Police Protective League
Riverside Sheriffs' Association
Opposition
None received
AB 1928
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Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093