BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
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AB 1353 (Liu) 3
As Amended May 4, 2005
Hearing date: June 21, 2005
Health and Safety Code; Vehicle Code
MK:mc
DRIVING UNDER THE INFLUENCE OFFENDERS :
EDUCATION AND COUNSELING PROGRAMS
HISTORY
Source: Author
Prior Legislation: SB 1697 (Torlakson) - Chapter 551, Stats.
2004
AB 1026 (Levine) - failed Senate Public Safety 2004
Support: California Traffic School Association, Inc.; Driving
School Association of the Americas, INC.; Driving
School Association of California, INC.; 7 Days-A-Week &
Evening Classes; Los Angeles Driver Education Center;
MADD; California District Attorneys Association;
Alhambra Safety Services; Diversion Safety Program,
Inc.; Imperial Valley Safety Services; Dial Alcohol &
Drug Education Center; CATER; San Gabriel Valley
Driver Improvement, Inc.; 2 individuals
Opposition:None known
Assembly Floor Vote: Ayes 77- Noes 0
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KEY ISSUE
SHOULD A FIRST OFFENDER WITH A BLOOD-ALCOHOL LEVEL OF 0.20% OR MORE
BE ORDERED TO ATTEND A 9 MONTH TREATMENT PROGRAM INSTEAD OF A 6
MONTH TREATMENT PROGRAM?
PURPOSE
The purpose of this bill is to increase the length of the
treatment program for a first time offender with a high blood
alcohol level.
Existing law provides that it is unlawful for any person who is
under the influence of any alcoholic beverage or drug, or under
the combined influence of alcoholic beverage and drugs, to drive
a vehicle. (Vehicle Code 23152(a).)
Existing law states that it is unlawful for any person who has
0.08% or more by weight of alcohol in his or her blood to drive
a vehicle. (Vehicle Code 23152(b).)
Existing law provides that in prosecution for DUI, it is a
rebuttable presumption that the person had 0.08% or more blood
alcohol level at the time of driving the vehicle if his or her
blood alcohol level is 0.08% at a chemical test performed within
three hours after the driving. (Penal Code 23152.)
Existing law provides that the Department of Motor Vehicles
(DMV) shall issue a restricted driver's license to a person
granted probation if the person submits proof of enrollment in,
or completion of, a DUI program; submits proof of financial
responsibility; and pays all applicable fees. (Vehicle Code
13352.5(a).)
Existing law states that the restriction of the driving
privilege shall be limited to the hours necessary for driving to
and from the place of employment, and driving to and from
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activities required in the treatment program. (Vehicle Code
13352.5(c).)
Existing law states that the person's driving privilege shall
not be restored until the person has provided proof of
successful completion of a DUI program. (Vehicle Code
23542(c).)
Existing law states that the Department of Alcohol and Drug
Programs shall have the sole authority to issue, deny, suspend,
or revoke the license of a DUI program and may provide services
to counties for the purpose of treating those who have been
convicted of a DUI offense. (Health and Safety Code
11836(a)(1).)
Existing law provides that in granting probation to a first time
DUI offender whose concentration of alcohol in the person's
blood was 0.20% or more by weight, or the person refused to take
a chemical test, the court shall order the person to
participate, for at least 6 months or longer, as ordered by the
court, in a licensed program that consists of at least 45 hours
of program activities, including those education, group
counseling, and individual interview sessions. (Health and
Safety Code 11837(c)(2).)
This bill provides that the court shall instead order the person
to participate in a program that is at least 9 months or longer,
as ordered by the court, in a license program that consists of
at least 45 hours of program activities.
Existing law states that in any county where the board of
supervisors has approved, and the State Department of Alcohol
and Drug Programs has licensed, a program or programs pursuant
to law, the court shall also impose as a condition of probation
that the driver shall enroll and participate in, and
successfully complete a DUI program, licensed pursuant to law,
in the driver's county of residence or employment, as designated
by the court. (Vehicle Code 23538(b).)
Existing law provides that the court shall refer a first
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offender whose blood-alcohol concentration was less than 0.20%,
by weight, to participate for at least three months or longer,
as ordered by the court, in a licensed program that consists of
at least 30 hours of program activities, including those
education, group counseling, and individual interview sessions
described by law. (Vehicle Code 23538(b)(1).)
Existing law states that the court shall refer a first offender
whose blood-alcohol concentration was 0.20% or more, by weight,
or who refused to take a chemical test, to participate for at
least six months or longer, as ordered by the court, in a
licensed program that consists of at least 45 hours of program
activities, including those education, group counseling, and
individual interview sessions described by law. (Vehicle Code
23538(b)(2).)
This bill would instead require that the licensed program
consist of at least 60 hours of program activities for the first
offender with a blood-alcohol concentration of 0.20% or more.
Existing law provides that the court shall refer a first
offender convicted of DUI with injury whose blood-alcohol
concentration was less than 0.20%, by weight, to participate for
at least three months or longer, as ordered by the court, in a
licensed program that consists of at least 30 hours of program
activities, including those education, group counseling, and
individual interview sessions described by law. (Vehicle Code
23556(b)(3).)
Existing law states that the court shall refer a first offender
convicted of DUI with injury whose blood-alcohol concentration
was 0.20% or more, by weight, or who refused to take a chemical
test, to participate for at least six months or longer, as
ordered by the court, in a licensed program that consists of at
least 45 hours of program activities, including those education,
group counseling, and individual interview sessions described by
law. (Vehicle Code 23556(b)(4).)
This bill would instead require that the licensed program
consist of at least 60 hours of program activities for the first
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offender convicted of DUI with injury with a blood-alcohol
concentration of 0.20% or more.
This bill contains uncodified legislative findings and
declarations.
COMMENTS
1.Need for This Bill
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According to the author:
According to the National Commission Against Drunk
Driving, up to 75 percent of DUI offenders have serious
alcohol problems. Unfortunately, these are the drivers
who are most likely to become recidivists. Mothers
Against Drunk Driving estimates that there is a 30
percent DUI recidivism rate.
DUI treatment program counselors have stated that the
current length of treatment is not long enough to
effectively treat the high BAC offenders who are most
likely to become repeat offenders. Since most DUI
offenders come into the program in denial or resentful,
it takes time for counselors to gain their trust, get
them to accept treatment and recognize that they have a
problem. A 1998 National Institute of Health guide on
Effectiveness of Strategies for Preventing DUI
Recidivism stated that data on treatment suggests that
"recidivism may be reduced among DUI problem drinkers if
they are required to participate for at least a year in
an intensive treatment program ?" This bill will make
the treatment programs more effective and efficient,
which will reduce recidivism.
2. Increased Program Length for DUI With 0.20% or Above
Ordinarily, a first time DUI offender who is granted probation
is fined $390-$1,000, plus penalty assessments, has a restricted
license for driving only to and from work and the program for 90
days, and must participate in a 3 month drinking driver
treatment program. (See Vehicle Code 13352; 23538.)
However, existing law further provides that in granting
probation to first time DUI offender or first time DUI offender
causing injury, if the person's blood alcohol level (BAC) was
0.20% or more the court shall order the person to instead
participate in a 6 month treatment program consisting of at
least 45 hours of program activities. This bill would provide
that the court shall instead order a first offender with a 0.20%
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BAC or above to participate in a 9 month program with at least
60 hours of program activities.
It is not clear what effect a longer program will have on
recidivism. The studies in California have shown that "length
of time of the alcohol education program does not have a
significant effect on the 1-year subsequent accident rates of
first-time offenders." (DMV, 2004 Annual Report of the
California DUI Management Information System, p. 47.)
Furthermore, the 2004 Report showed that "the 1-year accident
rates of first offenders attending a 3-month program did not
vary significantly from those attending 6-month programs.
However, the subsequent DUI offense rate of the short term
program participants was again significantly lower than that of
the long-term participants." (DMV, 2004 Annual Report of the
California DUI Management Information System, p. 37; and DMV,
2005 Annual Report of the California DUI Management Information
System, p. 36.)
However, a person's driving privilege is not restored until
proof of completion of a program is shown to DMV so expansion of
the time of the program will result in a delay of the
restoration of the driving privilege. There is already a
percentage of those convicted of DUI that "dropout" of the
system, they never return to have their license reinstated by
DMV. Expanding the length of the program could increase that
dropout rate by making one of the hurdles higher.
SHOULD THE PROGRAM FOR A FIRST TIME OFFENDER WITH A BAC OF 020%
OR ABOVE BE EXPANDED FROM 6 TO 9 MONTHS?
IF THERE IS NO EVIDENCE THAT A LONGER PROGRAM AFFECTS
RECIDIVISM, WHY EXPAND THE PROGRAM?
WILL A LONGER PROGRAM RESULT IN MORE PEOPLE DROPPING OUT OF THE
SYSTEM?
3. Other Legislation
AB 571 (Levine) which is also set for hearing June 21, 2005
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reduces from 0.20% to 0.15% the BAC level at which the court
shall consider enhanced penalties or probation requirements.
AB 979 (Sharon Runner), which is also set for hearing June 21,
2005, reduces the number of months a person who has been
convicted of a repeat DUI violation must wait before being able
to apply to the DMV for a restricted driver's license that
requires installation of an ignition interlocking device (IID)
on the vehicle the person would drive.
SB 176 (Denham), which passed this Committee April 12, 2005,
with a vote of 5-0 and is currently in the Assembly Committee on
Public Safety, provides for implied consent for testing for a
DUI if an accident involves a death.
SB 207 (Scott), which passed the Committee on April 12, 2005,
with a vote of 6-0 and passed Assembly Public Safety on June 14,
2005, authorizes pre-conviction vehicle impoundment for any
individual suspected of driving under the influence with a blood
alcohol content (BAC) of 0.10% or more and has one or more prior
driving under the influence (DUI) convictions.
SB 598 (Torlakson), which passed the Committee on April 12,
2005, with a vote of 4-0 and is currently in Assembly Public
Safety, increases the penalties for fleeing the scene of an
accident within 10 years of a DUI.
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