AB 1748: CA Bill Seeks Stricter DUI License Suspensions

California AB 1748: A Deep Dive into Proposed DUI License Changes

California Assembly Bill 1748 (AB 1748), introduced by Assemblymember Kate Sanchez (R), is currently under consideration in the California legislature.

This bill seeks to amend several sections of the Vehicle Code related to license suspension and revocation for Driving Under the Influence (DUI) offenses. Specifically, it targets Sections 13352, 13352.1, 13352.4, and 23575.3. As the bill is in its early stages, it's crucial to understand its potential impact on California drivers.

What AB 1748 Proposes: A Closer Look

In plain language, AB 1748 aims to make the penalties for DUI offenses more severe, particularly concerning the duration of license suspensions and revocations.

While the exact details of the changes are still under review, the bill targets specific Vehicle Code sections. By examining these sections, we can infer the intended changes.

• Vehicle Code Section 13352: This section outlines the mandatory suspension or revocation periods for various DUI offenses, including first, second, third, and subsequent offenses within a specified timeframe. AB 1748 might propose extending these suspension/revocation periods or adding new conditions for reinstatement, such as requiring longer periods of alcohol education or stricter compliance with ignition interlock device (IID) requirements.

• Vehicle Code Section 13352.1: This section deals with administrative suspension of a driver's license following an arrest for DUI. The bill could modify the conditions under which an administrative suspension is imposed or extend its duration. It could also address the process for appealing an administrative suspension.

• Vehicle Code Section 13352.4: This section pertains to the reinstatement of driving privileges after a DUI suspension or revocation. AB 1748 might introduce more stringent requirements for reinstatement, such as proof of completion of a DUI program, SR-22 insurance filing, payment of reinstatement fees, and potentially, a personal interview with the Department of Motor Vehicles (DMV).

• Vehicle Code Section 23575.3: This section addresses the use of ignition interlock devices (IIDs). AB 1748 might expand the IID requirement to more DUI offenders, lengthen the period during which an IID must be installed, or increase the monitoring requirements associated with IID use.

Without the precise wording of the proposed amendments, it's challenging to definitively say how each section will be affected. However, the overall intention is clear: to increase the severity and duration of license-related penalties for DUI convictions.

Potential Impact on Drivers

The potential impact of AB 1748 on California drivers is significant.

Stricter license suspension and revocation laws could lead to:

• Extended Periods of Driving Inability: Drivers convicted of DUI would face longer periods without a valid driver's license, impacting their ability to commute to work, transport family members, and handle daily errands.

This could have severe economic and social consequences, especially for individuals who rely heavily on their vehicles.

• Increased Financial Burden: Reinstatement of driving privileges often involves substantial costs, including DUI program fees, SR-22 insurance premiums, IID installation and maintenance costs, and DMV reinstatement fees.

Stricter requirements could further increase these financial burdens, making it more difficult for offenders to regain their driving privileges.

• Greater Scrutiny and Monitoring: Increased monitoring requirements, such as longer IID usage periods, could subject DUI offenders to greater scrutiny and oversight, potentially impacting their privacy and personal freedom.

• Potential for Job Loss: Many jobs require a valid driver's license.

Extended license suspensions or revocations could lead to job loss for individuals in these professions, exacerbating the economic impact of a DUI conviction.

• Increased Difficulty in Reintegration: Longer periods of license suspension can hinder an individual’s ability to re-integrate into society after a DUI offense, leading to increased social isolation and difficulty in accessing essential services.

Comparison to Current California DUI Laws

To fully understand the potential impact of AB 1748, it's essential to compare it to current California DUI laws regarding license suspension and revocation. Currently, the penalties for DUI offenses in California vary depending on factors such as the number of prior DUI convictions, the presence of aggravating circumstances (e.g., high blood alcohol content, injury to others), and whether the driver refused to submit to chemical testing.

The table below summarizes the current license suspension/revocation penalties for DUI offenses in California:

• First DUI: 6 months (administrative suspension) or 4-10 months (court suspension) - Restricted license possible after 30 days for court suspension with IID installation.

• Second DUI (within 10 years): 2 years revocation - IID required for 12 months.

• Third DUI (within 10 years): 3 years revocation - IID required for 24 months.

• Fourth DUI (within 10 years): 4 years revocation - IID required for 36 months.

• DUI with Injury: 1-5 years suspension/revocation (depending on severity of injury and prior record) - Potential for longer suspension/revocation periods if great bodily injury or death occurs.

• DUI with Refusal: 1 year suspension (first offense), 2 years revocation (second offense), 3 years revocation (third offense) - These suspensions are in addition to any court-ordered suspension/revocation. IID requirement may apply upon reinstatement.

AB 1748 seeks to increase the suspension/revocation periods, potentially eliminate or restrict the availability of restricted licenses, and/or add additional requirements for reinstatement beyond what is currently required.

This would make California's DUI laws even stricter than they already are.

Context: Why This Legislation Was Introduced

Assemblymember Sanchez likely introduced AB 1748 in response to concerns about the prevalence of DUI offenses and the perceived inadequacy of existing penalties in deterring drunk driving. The rationale behind the bill is likely to enhance public safety by imposing more stringent consequences on DUI offenders, thereby reducing the incidence of drunk driving and preventing alcohol-related accidents. Data on DUI-related fatalities and injuries in California may have influenced the introduction of this legislation. Furthermore, advocacy groups focused on traffic safety often push for stricter DUI laws, and their influence could have played a role.

It is also important to note that legislators often respond to specific high-profile DUI cases that garner public attention and raise concerns about the effectiveness of current laws.

Such cases can galvanize support for legislative changes aimed at preventing similar incidents in the future.

Practical Information for Affected Drivers

If AB 1748 becomes law, it's crucial for affected drivers to understand their rights and options. Here's some practical information:

• Consult with a DUI Attorney: If you are arrested for DUI, it is essential to consult with an experienced DUI attorney as soon as possible. An attorney can advise you on your legal rights, help you navigate the complex legal process, and represent you in court.

• Understand the DMV Process: The DMV handles administrative license suspensions independently of the court proceedings.

Understand the process for requesting a DMV hearing to challenge the suspension of your license.

• Comply with Court Orders and DMV Requirements: Ensure you comply with all court orders and DMV requirements, including attending DUI programs, installing an IID (if required), and paying all fines and fees.

Failure to comply can result in further penalties.

• Obtain SR-22 Insurance: SR-22 insurance is often required to reinstate driving privileges after a DUI suspension.

Contact your insurance company to obtain an SR-22 certificate.

• Explore Restricted License Options: If eligible, explore the possibility of obtaining a restricted license to allow you to drive to and from work, DUI programs, and other essential locations.

• Monitor the Progress of AB 1748: Stay informed about the progress of AB 1748 through the California Legislative Information website.

Understanding the final version of the law will help you anticipate its potential impact on your driving privileges.

Disclaimer: *This article provides general information and should not be considered legal advice.

Consult with an attorney for advice regarding your specific situation.* As AB 1748 is pending legislation, details are subject to change.

This article will be updated as new information becomes available.

Please check back regularly for updates.