CA Bill AB770: Loosening Ad Restrictions, DUI Implications?

California's AB770: Decoding the Potential Impact on Drivers and DUIs

California Assembly Bill 770 (AB770) has garnered attention, not for directly addressing DUI laws, but for its proposed changes to outdoor advertising regulations within the City of Los Angeles.

While the connection may not be immediately obvious, alterations in advertising visibility can subtly influence driver behavior and, potentially, DUI-related incidents.

This article delves into AB770, explaining its core provisions, analyzing its potential impact on drivers, comparing it to existing California DUI laws, providing context for its introduction, and offering practical information for affected drivers.

Understanding AB770: An Exemption for Los Angeles Advertising

At its core, AB770 seeks to amend Section 5272.2 of the Business and Professions Code, which governs outdoor advertising. Specifically, the bill proposes to create an exemption to these regulations for the City of Los Angeles, contingent upon the city enacting its own ordinance addressing outdoor advertising displays. In simpler terms, if AB770 passes and Los Angeles adopts its own advertising ordinance, the city would have more autonomy in regulating billboards, signs, and other forms of outdoor advertisements within its jurisdiction.

The bill's urgency clause signifies its sponsors' desire for immediate implementation, suggesting a perceived pressing need for the changes it proposes. The large number of sponsors from both Democratic and Republican parties suggests a potential bi-partisan support, even if underlying reasons for the support differ among them.

How Could AB770 Impact Drivers? A Subtler Influence

While AB770 doesn't directly modify DUI laws, its impact on drivers could be indirect but significant. The link revolves around the potential for increased or altered advertising exposure, particularly for alcohol-related products. Here's a breakdown of potential influences:

• Increased Alcohol Advertising: With relaxed regulations, Los Angeles could see a rise in advertisements for alcoholic beverages.

Studies have demonstrated a correlation between exposure to alcohol advertising and increased alcohol consumption, especially among younger demographics.

This increased consumption, in turn, could elevate the risk of DUI incidents.

• Distracted Driving: More visually stimulating or attention-grabbing advertisements could contribute to distracted driving.

Drivers diverting their attention to billboards or digital displays risk accidents, some of which may involve impaired drivers.

• Shifting Advertising Strategies: The new ordinance might lead to a shift in advertising strategies, potentially targeting specific demographics or geographic areas known for higher rates of alcohol consumption.

This targeted advertising could exacerbate existing problems with DUI incidents in those regions.

• Promoting Nightlife: The outdoor advertising deregulation can lead to promotions for bars, clubs, and restaurants that serve alcohol.

Increased awareness and allure can indirectly promote irresponsible drinking behavior and DUI risks.

It's crucial to acknowledge that these are potential impacts. The actual effects of AB770 will depend on the specific ordinance adopted by the City of Los Angeles, and how strictly that ordinance is enforced.

AB770 and Current California DUI Laws: A Comparison

To understand the context of AB770, it's essential to compare it with existing California DUI laws. AB770 does not change any of the established DUI statutes.

These laws remain in full effect:

• Vehicle Code Section 23152(a): Makes it unlawful to drive a vehicle under the influence of alcohol.
• Vehicle Code Section 23152(b): Makes it unlawful to drive a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
• Vehicle Code Section 23153: Aggravated DUI, causing injury.
• Zero Tolerance Law (Vehicle Code Section 23136): Prohibits drivers under 21 from driving with any measurable amount of alcohol in their system (BAC of 0.01% or higher).

Penalties for DUI in California range from fines, license suspension, mandatory DUI education programs, and jail time, depending on the number of prior convictions and the circumstances of the offense.

Here's a table summarizing the key differences:

• Purpose: Modifies outdoor advertising regulations in LA - Criminalizes and punishes driving under the influence of alcohol or drugs.

• Direct Impact: Indirect impact on driver behavior. - Direct impact on individuals who drive under the influence.

• Enforcement: Enforced by the City of Los Angeles. - Enforced by law enforcement agencies throughout California.

• Penalties: N/A (no penalties directly related to AB770) - Fines, license suspension, jail time, mandatory DUI programs.

• Focus: Advertising standards. - Driver impairment and public safety.

In essence, while DUI laws directly address the act of driving under the influence and its consequences, AB770 potentially influences factors that could contribute to DUI incidents.

The Rationale Behind AB770: Why Was This Legislation Introduced?

The reasons behind the introduction of AB770 are likely multifaceted.

Some possible motivations include:

• Local Control: Advocates may argue that Los Angeles should have greater control over its own advertising landscape, allowing the city to tailor regulations to its specific needs and priorities.
• Economic Development: Relaxed advertising restrictions could potentially attract businesses and boost the local economy.
• Aesthetic Considerations: The city might want to implement advertising standards that align with its urban design and aesthetic vision.
• Revenue Generation: Increased advertising activity could generate more revenue for the city through permitting fees and taxes.

Understanding the specific motivations behind AB770 requires further investigation into the arguments presented by its sponsors and supporters. However, these are some of the common reasons cited for granting local control over advertising regulations.

Practical Information for Affected Drivers: Staying Safe and Informed

Even though AB770 doesn't directly alter DUI laws, it's crucial for drivers to be aware of its potential implications and take steps to mitigate any risks:

• Practice Responsible Drinking: This is the most effective way to prevent DUI incidents. If you plan to consume alcohol, designate a sober driver, use a ride-sharing service, or take public transportation.
• Be Aware of Your Surroundings: Pay attention to your surroundings while driving, particularly in areas with high concentrations of bars, clubs, and restaurants. Be prepared for the possibility of encountering impaired drivers.
• Avoid Distractions: Minimize distractions while driving, including cell phones, eating, and overly stimulating advertisements.

Focus your attention on the road.

• Stay Informed: Keep abreast of developments related to AB770 and the specific advertising ordinance adopted by the City of Los Angeles.

Understanding the local advertising landscape can help you make informed decisions about your drinking and driving habits.

• Know Your Rights: If you are pulled over for suspected DUI, understand your rights and responsibilities. You have the right to remain silent and the right to an attorney.

Consult with a qualified DUI attorney as soon as possible.

• Report Impaired Drivers: If you observe someone driving erratically and suspect they may be impaired, report it to law enforcement.

Conclusion: A Need for Vigilance and Responsible Choices

AB770 represents a potential shift in the advertising landscape of Los Angeles.

While the legislation itself doesn't directly address DUI laws, its potential impact on driver behavior warrants attention. By understanding the bill's provisions, its potential implications, and its relationship to existing DUI laws, drivers can make informed decisions and take steps to protect themselves and others from the dangers of impaired driving. As AB770 moves through the legislative process and the City of Los Angeles develops its advertising ordinance, continued vigilance and a commitment to responsible choices are essential to ensuring public safety on California's roads.

It's important to consult with legal professionals for personalized advice regarding DUI laws and related matters.

Stay informed about legislative updates and local ordinances that may affect your rights and responsibilities as a driver.