BILL ANALYSIS �
AB 1104
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Date of Hearing: May 2, 2011
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1104 (Pan and Dickinson) - As Amended: May 4, 2011
SUBJECT : Driving under the influence
SUMMARY : Requires that the Department of Motor Vehicles (DMV)
initiate driver's license revocation or suspension for driving
under the influence of drugs or alcohol (DUI) convictions upon a
person's release from imprisonment. Specifically, this bill :
1)Requires the DMV, after receiving a certified abstract of
record from the court, to postpone revocation or suspension of
a person who is convicted of a DUI until the term of
imprisonment is served.
2)Requires that the California Department of Corrections and
Rehabilitation (CDCR) to notify the DMV 30 days prior to the
release of an inmate whose license has been suspended for a
DUI conviction.
EXISTING LAW :
1)Provides that it is unlawful for any person to drive a vehicle
under the influence of any alcoholic beverage or drug.
2)Requires DMV to immediately suspend or revoke the license of a
person once they receive an abstract of the record of the
court showing that the person has been convicted of a DUI.
3)Specifies 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.
4)Requires that a person convicted of a second DUI within 10
years of a prior DUI conviction be punished by imprisonment in
the county jail for 90 days to one year and/or a fine of $390
to $1,000.
5)Requires that a person convicted of a third DUI within 10
years of two separate DUI convictions be punished by
imprisonment in the county jail for not less than 120 days or
more than one year and be subject to a fine of $390 to $1,000
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and revocation of his or her driver's license.
6)Specifies that a person convicted of a DUI within 10 years of
three or more separate 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 and is
also subject to a fine of $390 to $1,000 and revocation of his
or her driver's license.
7)Authorizes the court to require that a person convicted of a
first offense DUI install a certified interlock ignition
device (IID) on any vehicle that the person owns or operates
and prohibits that person from operating a motor vehicle
unless that vehicle is equipped with a functioning, certified
IID.
8)Requires that persons convicted of a violation of driving on a
suspended license because of a DUI to install an IID on any
vehicle that the person owns or operates and prohibit the
person from operating a motor vehicle unless the vehicle is
equipped with a functioning, certified IID.
FISCAL EFFECT : Unknown
COMMENTS : According to data from the National Highway Traffic
Safety Administration (NHTSA), there are over 310,000
Californians with three or more DUI convictions. In 2008, over
1,000 people were killed by drunk drivers in California and
another 28,000 were injured. NHTSA estimates that one-third of
the annual 1.5 million DUI arrests are repeat offenders.
The author argues that allowing a license suspension or
revocation period to run concurrently with the prison term, in
effect, negates the suspension or revocation because the
offender was in prison (and therefore not allowed to drive) for
some or all of the time that the suspension or revocation was in
effect. The author also notes that a DUI offender is typically
able to get a license immediately after they are released.
This bill would require that the license suspension or
revocation period to begin after the offender has served his or
her prison sentence. Since offenders are not always required to
carry out the full prison term ordered by the court, the author
has proposed an amendment that would require CDCR to notify DMV
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30 days prior to an inmate being released and directing DMV to,
at that time, initiate the period of license suspension or
revocation.
Studies show that up to 75% of DUI offenders continue to drive
while their licenses are suspended. A 1998 survey found that
while DUI offenders continued to drive with suspended licenses,
they reported driving less and more carefully-- likely because
the penalties for driving with a suspended or revoked license
are severe. Studies confirm that even though DUI offenders
continue to drive with suspended licenses, they present a lower
risk to the public than if they are allowed to retain their full
driving privileges.
Arguing in opposition, the California Public Defenders
Association notes that when a driver is convicted of a DUI and
is sentenced to jail or prison, the sentencing judge may, but is
not required, to order a the mandatory license suspension begin
at the completion of the prison sentence or incarceration.
Supporters of the bill, however, note that this bill would
ensure that an offender serves the full punishment for their
actions.
Previous legislation : AB 1601 (Hill), Statutes of 2010, Chapter
301, permits a court to order a 10-year revocation of a driver's
license for a person convicted of three or more separate DUI
offenses.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Peace Officers Research Association of California
Opposition
California Public Defenders Association
Analysis Prepared by : Victoria Alvarez / TRANS. / (916)
319-2093
AB 1104
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