AB1686: Stricter Felony DUI Penalties Proposed in California

AB1686: California Bill Seeks Harsher Penalties for Repeat DUI Offenders A new bill introduced in the California State Assembly, AB1686, aims to amend existing Vehicle Code sections related to driving under the influence (DUI). Sponsored by Assembly Members Tom Lackey (R), Bob Archuleta (D), and Cottie Petrie-Norris (D), this bipartisan legislation seeks to increase the severity of penalties for repeat DUI offenders, specifically focusing on those with prior convictions involving injury or death.

Understanding the nuances of AB1686 is crucial for anyone who has faced DUI charges in California, especially those with multiple offenses.

What AB1686 Proposes: A Closer Look AB1686 directly targets Sections 23540 and 23546 of the California Vehicle Code.

These sections currently outline the penalties for DUI offenses involving injury to another person.

The proposed amendments aim to broaden the scope of what constitutes a felony DUI, specifically by lowering the threshold for triggering felony charges based on prior DUI convictions. In plain language, the bill proposes that individuals with a history of DUI convictions, especially those involving injury or gross vehicular manslaughter, face stricter consequences for subsequent DUI offenses, even if the new offense doesn't necessarily result in new injuries. Currently, to be charged with a felony DUI, the offense needs to involve injury and the driver must have a certain number of prior DUI convictions. AB1686 aims to make it easier to charge a repeat offender with a felony, regardless of whether the new offense causes injury.

This means prior DUI convictions, particularly those with aggravating factors like injuries or fatalities, could significantly increase the likelihood of a felony charge for any subsequent DUI, even without new injuries involved in the current offense.

The exact mechanism and definitions will likely be clarified as the bill progresses through the legislative process.

Potential Impact on California Drivers The implications of AB1686 for California drivers, especially those with a history of DUI convictions, are substantial. Here's a breakdown of the potential impact:

• Increased Felony Charges: The most significant impact is the potential for a higher number of DUI offenses to be classified as felonies.

This shift could drastically alter the legal landscape for repeat offenders.

• Harsher Penalties: Felony convictions carry significantly harsher penalties than misdemeanors.

This includes longer prison sentences, substantial fines, a permanent criminal record, and potential loss of various rights (e.g., voting, owning firearms).

• Immigration Consequences: For non-citizens, a felony DUI conviction can have severe immigration consequences, potentially leading to deportation.
• Increased Difficulty in Finding Employment: A felony conviction on one's record can significantly hinder employment prospects.

Many employers conduct background checks, and a felony conviction can automatically disqualify a candidate from consideration.

• Impact on Insurance Rates: DUI convictions already lead to significantly increased insurance rates. A felony DUI conviction will further exacerbate this issue, making insurance premiums incredibly expensive or even leading to policy cancellation.
• Longer License Suspensions or Revocations: Felony DUI convictions typically result in longer license suspensions or revocations compared to misdemeanor DUIs, further restricting a person's ability to drive legally.

Comparing AB1686 to Current California DUI Laws To fully appreciate the potential impact of AB1686, it's essential to compare it to the current California DUI laws.

The following table provides a concise overview:

Context: Why This Legislation Was Introduced The sponsors of AB1686 likely introduced the bill to address concerns about repeat DUI offenders causing serious harm or death.

The legislative analysis will likely highlight tragic cases where individuals with multiple DUI convictions continued to drive under the influence, resulting in further injuries or fatalities.

The rationale behind the bill is likely rooted in the belief that current DUI laws are not sufficiently deterring repeat offenders.

By increasing the potential for felony charges, AB1686 aims to send a stronger message and potentially remove dangerous drivers from the road for longer periods.

Victim advocacy groups might also be supporting this bill, seeking stricter accountability for DUI offenders.

The rise in traffic fatalities involving alcohol or drug impairment might also be a contributing factor in the introduction of this legislation.

Practical Information for Affected Drivers If you have a DUI conviction in California, especially if it involved injury or death, it's crucial to understand how AB1686 could impact you. Here's some practical advice:

• Consult with a DUI Attorney: If you are facing a new DUI charge and have prior convictions, immediately consult with an experienced California DUI attorney.

They can assess your specific situation, explain how AB1686 might apply, and develop a defense strategy.

• Review Your Driving Record: Obtain a copy of your California driving record to understand your DUI history accurately.

This information is crucial for your attorney to assess your case.

• Understand the Potential Penalties: Make sure you understand the potential penalties associated with a felony DUI conviction, including prison time, fines, license revocation, and other consequences.
• Consider Rehabilitation Programs: Completing alcohol or drug rehabilitation programs, even before being required to do so by the court, can demonstrate your commitment to addressing the underlying issues contributing to your DUI offenses.

This may be viewed favorably by the court.

• Be Proactive: Take proactive steps to address any substance abuse issues.

This includes seeking counseling, attending support groups, and abstaining from alcohol and drugs.

• Monitor the Progress of AB1686: Stay informed about the status of AB1686 as it moves through the legislative process.

The bill may be amended before being voted on.

You can track its progress on the California State Legislature website.

• If Pulled Over, Exercise Your Rights: If you are pulled over for a DUI, remember your rights.

You have the right to remain silent and the right to an attorney.

Do not answer questions without consulting with an attorney first.

Refusing a breathalyzer test can have consequences (license suspension), but refusing field sobriety tests is generally advisable. AB1686 represents a potentially significant shift in California's approach to DUI enforcement.

By increasing the likelihood of felony charges for repeat offenders, this bill could have profound consequences for individuals with a history of DUI convictions.

It is essential to stay informed, seek legal counsel, and take proactive steps to address any underlying issues to protect your rights and future. As AB1686 is still pending, it is important to monitor its progress to be aware of changes as they occur.