Drunk driving offenders who cause auto accidents and personal injuries in California now face even tougher laws as explained by this Palm Springs lawyer. DUI laws in California have become more strict as of January 1, 2009 and if a lawmaker's proposed new bill passes, the costs and regulations imposed on first time DUI offenders will increase again. California is determined to stop drunk drivers from causing car accidents and injuries as a result of driving while under the influence.
A California Assemblyman has already introduced a new bill (AB 91) in January 2009 which is backed by the California Highway Patrol and which is believed would reduce the ability of convicted drunk drivers from driving while drunk and getting into accidents, especially those which cause wrongful deaths or personal injury to others.
The bill would require the installation of an ignition interlock device (IID) on any vehicle owned or operated by anyone previously convicted of a drunk driving (DUI) offense.
Presently, the courts have the discretion of whether to require the IID for first time and repeat DUI offenders. The bill would require the court to mandate the IID for such
DUI first time and repeat offenders.
The cost of the IID would be borne by the DUI offender. With the IID installed on a car, the offender cannot start his or her car if the IID detects any measurable alcohol on the driver’s breath. If no alcohol is detected, the offender can start the car and drive.
California is not the first state to consider such a law. In states such as New Mexico and West Virginia where such devices are required to be installed on the vehicles of first-time offenders, repeat DUI offenses decreased from 60% to 70%.
Under the pilot project, four counties would be chosen to require the installation of the devices and the project would start July 1, 2010 and continue until January 1, 2015. The four counties would be chosen based on their resources and their need - presumably the need to reduce drunk drivers. Since the cost is borne by the drivers, it is not clear what the county’s resources would have to do with it.
Opposition to the bill is based on the cost for low-income offenders. The cost of an IID is approximately $100 to $200 for the installation and a monthly rental fee that varies between $70 to $100 per month.
Other new laws which have already gone into effect in California as of January 1, 2009 which may help to reduce DUI personal injury accidents are among the following:
As of January 1, 2009, there is now zero tolerance for DUI repeat offenders. Convicted DUI offenders are now prohibited from driving a motor vehicle with a blood alcohol level of as little as .01 percent or greater while on probation for DUI. In addition, the driver must submit, when asked, to a portable breath test to determine the presence of alcohol. If the driver refuses to submit or if he has a blood alcohol level of .01 or greater, he or she will be cited, his or her license will be taken away and his or her driving privileges will be suspended and the vehicle will be impounded.
While the courts currently have discretion of whether to mandate a first-time DUI offender to install an IID on his or her vehicle but the court is to give heightened consideration to making such a requirement if the offender had a .20 percent blood alcohol reading.
As of January 1, 2009, the court must now give heightened consideration if the offender has a .15 blood alcohol reading. As of July 2009, the authority for the administration of mandatory IID programs will also shift from the state courts to the Department of Motor Vehicles and will authorize the DMV to require any driver convicted of driving with a suspended license due to a prior conviction for drunk driving to install an IID in any vehicle he or she owns or operates.
Also as of January 1, 2009, courts must order any person convicted of alcohol-related reckless driving to participate in a licensed DUI program for at least nine months if he or she has a prior conviction for alcohol-related reckless driving or a DUI in the last 10 years. The courts are also required to revoke the offender’s probation for failing to enroll in, participate in or complete a licensed DUI program.
As is apparent from the above changes to the law, and the proposed Assembly Bill AB 91, the laws for DUI offenders are becoming stricter and it is becoming more costly for DUI offenders in California. The hope of the lawmakers, is to reduce drunk driving accidents, deaths and injuries in the state.
