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