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May 15, 2008
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Governor Schwarzenegger Signs Legislation to Crackdown on DUI and Underage Drinking


Governor Schwarzenegger has signed legislation to crackdown on DUI offenders and to prevent minors from getting alcohol. The five bills recently signed into law strengthen current DUI laws to discourage drunk drivers from getting behind the wheel and to increase penalties for underage drinking violations and the manufacturing of fraudulent ID’s.

“As leaders of this great state it is our responsibility to do everything we can to make sure our citizens are safe,” said Governor Schwarzenegger. “These bills protect public safety because they provide important tools to law enforcement and prosecutors that will make people think twice before they get behind the wheel and place innocent people in harm’s way. They also take important steps to help ensure that no one who is underage can get their hands on alcohol.”

The following bills were recently signed into law:

AB 421 by Assemblymember John Benoit (R-Bermuda Dunes) reduces from 10 days to five days, the time for the clerk of a court to forward abstracts of court records of certain vehicle-related code convictions to the Department of Motor Vehicles (DMV), effective October 1, 2008.

AB 678 by Assemblymember Ted Gaines (R-Roseville) clarifies numerous sections of California code to conform to specific Penal Code sections, also makes a change to the definition of a “serious felony” and imposes and removes certain mandatory sentence enhancements as they relate to the crime of vehicular manslaughter, including while operating a vessel.

AB 808 by Assemblymember Nicole Parra (D-Hanford) requires anyone applying for or renewing a driver’s license to sign a declaration acknowledging that if a person is killed as a result of their driving under the influence of drugs or alcohol, they can be charged with murder. This bill was joint-authored by Assemblymember Todd Spitzer (R-Orange).

AB 1165 by Assemblymember Bill Maze (R-Visalia) makes it unlawful for a person who is on probation for a conviction of driving under the influence to operate a motor vehicle with a blood-alcohol concentration (BAC) of 0.01% or greater, as measured by a preliminary alcohol screening test. This bill goes into effect January 1, 2009.

AB 1658 by Assemblymember Sharon Runner (R-Lancaster) enhances the penalties for several underage drinking laws under the Alcoholic Beverage Control Act. This bill also enhances penalties for persons who manufacture fraudulent driver licenses and identification cards.

In June, the Governor announced $70 million in traffic safety grants awarded to 136 agencies and communities across the state. The grants are currently being used in a variety of ways including through enforcement efforts such as sobriety checkpoints, DUI saturation patrols, emergency rescue equipment and illegal street racing patrols. There are also behind-the-scenes programs such as DUI prosecutor education, increased scrutiny of repeat offenders through probation departments, emergency room interventions for suspected drunk drivers and more efficient sharing of records and information among different agencies.

In December 2006, Governor Schwarzenegger announced an award of $3.7 million to 93 law enforcement agencies across the state to conduct sobriety checkpoints during the winter holiday season and continuing into 2007. The grants supported heavy enforcement periods throughout the National Impaired Driving Mobilization effort, including the December and New Years holidays.

In the 2005-06 legislative session, the Governor signed numerous bills to discourage DUI offenders, including the following:

  • SB 207 by Senator Jack Scott (D-Altadena) authorized pre-conviction vehicle impoundment for any individual suspected of driving under the influence with a blood alcohol content of 0.10% or more and has one or more prior DUI convictions.
  • SB 547 by Senator Dave Cox (R-Fair Oaks) established a Sacramento County pilot program authorizing vehicle impoundment for up to 30 days and alcohol-related intervention for individuals suspected of driving under the influence (DUI) when the driver has suffered a prior DUI-related conviction.
  • SB 1756 by Senator Carole Migden (D-San Francisco) required that a person convicted of a first time DUI, meeting specific criteria, shall have their license suspended for 10 months to conform to the DUI program duration.
  • AB 1353 by Assemblymember Carol Liu (D-La Canada Flintridge) increased the length of treatment programs from 45 to 60 hours for first time driving-under-the-influence offenders with a blood alcohol level of 0.20 percent or more.
  • AB 2752 by Assemblymember Todd Spitzer (R-Orange) increased penalties for specified underage DUI offenses.

DUI, driving under the influence, is a serious problem in California. According to the California Highway Patrol, in 2006, there were 37,981 DUI collisions including 841 fatal and 15,391 injury collisions resulting in 983 victims killed and 23,191 victims injured.

According to a 2006 report by the DMV, 4.7 percent of all first-time DUI offenders will be arrested for DUI again within one year. In 2004, there were a total of 139,331 DUI convictions, 32,880 were repeat offenders. 

Drunk driving is a crime. More importantly, it is not a victimless crime. Nearly 17,000 Americans are killed and more than 700,000 are injured each year in alcohol related traffic crashes.

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