Wednesday, January 10, 2007
New 2007 San Diego California DUI Laws
Driving Under the Influence (DUI).
See also, Vehicle and traffic offenses (other then DUI).
Driver's license suspension (SB 1756; Ch. 692)
Amends Health and Safety Code 11836, adds Vehicle Code section 13352.1,
and amends Vehicle Code sections 13352, 13352.4, 23536, and 23538.
This bill increases the period of suspension if the person is placed on
probation for a first DUI, whose blood alcohol concentration was 0.20%
or more, or who refused to take a chemical test, from 6 months to 10
months.
Ignition Interlock Devices and suspended driver's licenses.
(AB 3045; Ch. 835)
Amends Vehicle Code sections 13386, 14601.2, 14601.4, and 14601.5.
Existing law requires DMV to certify or cause to be certified ignition
interlock devices, for use as specified.
Under this bill DMV requires that each interlock device operate in the
manner for which it was certified, prohibits manufacturers from
furnishing installers, service centers, technicians, or consumers with
technology or information allowing use of the device contrary to its
certified purpose, and prohibits an installer, service center, or
technician from changing the device from its certified criteria.
Existing law prohibits a person from driving a vehicle when his or her
driver's license has been suspended or revoked for violating specified
DUI provisions. Also, a court must require a person convicted of
specified offenses to install a certified ignition interlock device on a
vehicle that the person owns or operates.
This bill would prohibit the department from reinstating the privilege
to operate a motor vehicle until the department receives specified proof
that the certified ignition interlock device has been installed as
ordered.
Manslaughter while DUI (AB 2559; Ch. 91)
Amends Penal Code sections 191.5, 192, 192.5, 193, and 193.5.
Existing law defines as one type of vehicular manslaughter, the unlawful
killing of a human being while driving a vehicle in violation of
specified [DUI] provisions and in the commission of an unlawful act, not
amounting to a felony, but without gross negligence. Existing law
defines as another type of vehicular manslaughter, the unlawful killing
of a human being while driving a vehicle in violation of those specified
DUI provisions and in the commission of a lawful act that might produce
death, in an unlawful manner, but without gross negligence.
This bill requires the killing to be the proximate result of the
commission of the unlawful act or the proximate result of the commission
of the lawful act.
This bill also reorganizes the provisions relating to vehicular
manslaughter, including those on manslaughter involving vessels and
specified water devices.
Persons under age 21 driving with specified blood alcohol levels
(AB 2752; Ch. 899)
Amends Vehicle Code section 42001, adds Vehicle Code sections 42001.25
and 42002.1, and repeals Vehicle Code section 13390.
Existing law makes it unlawful for a person under the age of 21 years
who has a blood-alcohol concentration of 0.01% or greater, to drive a
vehicle; violators are subject to civil penalties.
This bill, instead, would make the above-described unlawful conduct an
infraction subject to criminal fines.
Existing law makes it is an infraction for a person under the age of 21
years who has 0.05% or more, by weight, of alcohol in his or her blood
to drive a vehicle. Violation is punishable by a fine up to $100 for a
1st conviction, a fine not exceeding $200 for a 2nd infraction occurring
within one year of a prior infraction resulting in a conviction, and a
fine up to $250 for a 3rd or subsequent infraction occurring with one
year of 2 or more prior infractions that resulted in convictions.
This bill, increases that third fine up to $300.
www.SanDiegoDUIhelp.com
See also, Vehicle and traffic offenses (other then DUI).
Driver's license suspension (SB 1756; Ch. 692)
Amends Health and Safety Code 11836, adds Vehicle Code section 13352.1,
and amends Vehicle Code sections 13352, 13352.4, 23536, and 23538.
This bill increases the period of suspension if the person is placed on
probation for a first DUI, whose blood alcohol concentration was 0.20%
or more, or who refused to take a chemical test, from 6 months to 10
months.
Ignition Interlock Devices and suspended driver's licenses.
(AB 3045; Ch. 835)
Amends Vehicle Code sections 13386, 14601.2, 14601.4, and 14601.5.
Existing law requires DMV to certify or cause to be certified ignition
interlock devices, for use as specified.
Under this bill DMV requires that each interlock device operate in the
manner for which it was certified, prohibits manufacturers from
furnishing installers, service centers, technicians, or consumers with
technology or information allowing use of the device contrary to its
certified purpose, and prohibits an installer, service center, or
technician from changing the device from its certified criteria.
Existing law prohibits a person from driving a vehicle when his or her
driver's license has been suspended or revoked for violating specified
DUI provisions. Also, a court must require a person convicted of
specified offenses to install a certified ignition interlock device on a
vehicle that the person owns or operates.
This bill would prohibit the department from reinstating the privilege
to operate a motor vehicle until the department receives specified proof
that the certified ignition interlock device has been installed as
ordered.
Manslaughter while DUI (AB 2559; Ch. 91)
Amends Penal Code sections 191.5, 192, 192.5, 193, and 193.5.
Existing law defines as one type of vehicular manslaughter, the unlawful
killing of a human being while driving a vehicle in violation of
specified [DUI] provisions and in the commission of an unlawful act, not
amounting to a felony, but without gross negligence. Existing law
defines as another type of vehicular manslaughter, the unlawful killing
of a human being while driving a vehicle in violation of those specified
DUI provisions and in the commission of a lawful act that might produce
death, in an unlawful manner, but without gross negligence.
This bill requires the killing to be the proximate result of the
commission of the unlawful act or the proximate result of the commission
of the lawful act.
This bill also reorganizes the provisions relating to vehicular
manslaughter, including those on manslaughter involving vessels and
specified water devices.
Persons under age 21 driving with specified blood alcohol levels
(AB 2752; Ch. 899)
Amends Vehicle Code section 42001, adds Vehicle Code sections 42001.25
and 42002.1, and repeals Vehicle Code section 13390.
Existing law makes it unlawful for a person under the age of 21 years
who has a blood-alcohol concentration of 0.01% or greater, to drive a
vehicle; violators are subject to civil penalties.
This bill, instead, would make the above-described unlawful conduct an
infraction subject to criminal fines.
Existing law makes it is an infraction for a person under the age of 21
years who has 0.05% or more, by weight, of alcohol in his or her blood
to drive a vehicle. Violation is punishable by a fine up to $100 for a
1st conviction, a fine not exceeding $200 for a 2nd infraction occurring
within one year of a prior infraction resulting in a conviction, and a
fine up to $250 for a 3rd or subsequent infraction occurring with one
year of 2 or more prior infractions that resulted in convictions.
This bill, increases that third fine up to $300.
www.SanDiegoDUIhelp.com
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