Private bureau

DMV HEARING ISSUES

If your chemical test results were .08% or higher BAC or .04% or higher BAC in a commercial motor vehicle the issues at your Department of Motor Vehicles Administrative Per Se Hearing are:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153?

• Were you lawfully arrested?
• Were you driving a motor vehicle with .08% or higher BAC?
• or
  Were you driving a commercial motor vehicle with a .08% or higher BAC?
• If you refused to submit to or failed to complete a chemical test the issues at your Department of Motor Vehicles Admin Per Se Hearing are:
• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of California Vehicle Code Sections 23152 or 23153
• Were you lawfully arrested?
• Were you told that your driving privilege would e suspended for one year, or revoked for two or three years if you refused to submit to or failed to complete a chemical test?
• Did you refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer.
  
  

APPEAL RIGHTS

Following the hearing decision, you may request a Department Review in writing within fifteen days from the date of the decision telling you the results of our hearing. The fee for the Department Review is $120.00. You ma also appeal a DMV decision by filing a Writ of Mandamus in the Superior Court in your county of residence within thirty days from the date of the decision.

PENALTIES

Chemical test results show .08% or higher BAC or .04% in a commercial vehicle (California Vehicle Code §§13353.2 and 13353.3):

First Offense: .08% or more BAC or .04% or more in a commercial vehicle will result in a fourth month suspension.

Second or subsequent offense: Within ten years of a separate violation of driving under the influence, including such a charge reduces to a reckless driving or vehicular manslaughter, or a violation of §23140 CVC, which resulted in a conviction, or separate administrative determination that you were driving with a BAC of .01% or more while under 21 years old, or a BAC of .08% or more or .04% or more BAC in a commercial vehicle at any age, or you refused a test, will result in a one year suspension.

If you refuse to submit to or fail to complete a chemical test (§13353 CVC)

First Offense: Will result in a one year suspension.

Second Offense: Within ten years of a separate violation of driving under the influence, including such a charge reduces to reckless driving or vehicular manslaughter, or a violation of Section 23140 CVC, which resulted in a conviction, or separate administrative determination that you were driving with a BAC of .01% or more while under 21, or a BAC of .08% or more or .04% or more BAC in a commercial vehicle, at any age, or you refused a test, will result in a two year revocation.

Three or more offences: Within ten years of any combination of the above violations, convictions or separate administrative determinations will result in a three year revocation.

 

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CALIFORNIA DMV ADMIN PER SE HEARINGS, HEARING ISSUES, REPEAT DUI OFFENDERS - VEHICLE IMPOUND, EXPUNGING A CALIFORNIA DUI CONVICTION,
YOU GET WHAT YOU PAY FOR

CALIFORNIA DMV ADMIN PER SE HEARINGS

You must contact the DMV within ten (10) days of your DUI arrest in California. Failure to act within this time frame will result in an automatic suspension of your driving privileges and you will not be allowed an opportunity for an Administrative Per Se Hearing.

HEARING ISSUES

It is important to understand the DMV does not consider your need to drive or your clean driving record as a mitigating factor at the Admin Per Se Hearing.

If a chemical test was taken, the issues are:

1. Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of the drunk driving laws (Vehicle Code Sections 23152 or 23153)?

1. Was the accused lawfully arrested?

1. Was the accused driving a motor vehicle with .08% or higher BAC?

If you refused all chemical tests, the issues are:

Did the officer have reasonable cause to believe that the accused was driving a motor vehicle in violation of California drunk driving laws (Vehicle Code Sections 23152 or 23153)?

Was the accused lawfully arrested?

Was the accused advised that their driving privilege would be suspended for one year, or revoked for two or three years, if they refused to submit to, or failed to complete, a chemical test?

Did the accused refuse to submit to, or fail to complete, a chemical test after being requested to do so by a peace officer?

YOU GET WHAT YOU PAY FOR

We’ve all shopped for the cheapest, but when it comes to choosing a lawyer to represent you in California for a charge of DUI, BEWARE. You want to hire a qualified, experienced DUI attorney to represent you. There are a lot of attorneys who represent themselves as “DUI Specialists”, who are not DUI Specialists. They merely want to take your money, hold your hand in court and plead you guilty without even attempting a defense. You may go to jail while they go to lunch!

You need an experienced and qualified DUI Specialist who will aggressively defend you. Someone who will do extensive discovery to uncover mistakes and inconsistencies by the arresting agency and the crime lab.

California DUI laws are very complex, and are constantly changing. Hiring a lawyer who is in touch with the current information regarding crime labs, court procedures and the prosecutors is essential to your defense. Hiring an attorney who exclusively defends DUI cases means that your attorney will competently and aggressively defend you. Don’t gamble with your future, CALL MY OFFICE NOW, at 1 (866) DUI-BUST (384-2878).

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Driver Distractions - Dont Be A Statistic

Driving is a skill that requires your full attention to safely control your vehicle and respond to events happening on the roads around you. Driving involves constant and complex coordination between your mind and body. Events or things that prevent you from operating your car safely are distractions. There are three types of distractions and they are anything that takes your:

            eyes off the road (visual).

            mind off the road (cognitive).

            hands off the steering wheel (manual).

When you think about the actions you make in your vehicle, other than just driving, you can see that they often involve more than one type of distraction. For instance, if you change your radio station, you take a hand off the steering wheel to press a button, and take your eyes off the road to look at what button you want to press.

Driving Distractions Study

Driver distractions are the leading cause of most vehicle crashes and near-crashes.

According to a study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), 80% of crashes and 65% of near-crashes involve some form of driver distraction. The distraction occurred within three seconds before the vehicle crash!

According to the NHTSA study, the principal actions that cause distracted driving and lead to vehicle crashes are:

cell phone use.
reaching for a moving object inside the vehicle.
looking at an object or event outside of the vehicle.
reading.
applying makeup.

Drivers who engage more frequently in distracted driving are more likely to be involved in a vehicle crash or near-crash.

“Dial D” for Disaster

 

Cell phone use has become so popular these days that many times we don’t realize when, where, and how often we are utilizing our “cellular telephones.” Cell phone use while driving has increased so significantly within the last few years that at any typical daytime moment, as many as 10% of drivers are using either a hand-held or hands-free phone.

Studies have shown that driving performance is lowered and the level of distraction is higher for drivers who are heavily engaged in cell phone conversations. The use of a hands-free device does not lower distraction levels. The percentage of vehicle crashes and near-crashes attributed to dialing is nearly identical to the number associated with talking or listening.

Make and finish your cell phone calls before you start your vehicle and drive. If your phone rings while you are driving, let your voicemail pick up the call. If you must answer your phone, pull over to a safe location and park before using your cell phone.

New cell phone laws took effect July 1, 2008 in California. Drivers age 18 and over may use hands-free devices while driving. Drivers under the age of 18 may not use any type of hand-held or hands-free wireless phone while driving.

Are You Eating a While Driving?

If you are eating in your vehicle while driving, you are focusing on your food and not on your driving. You are not only chewing and swallowing; you are also opening packages, unwrapping and re-wrapping food, reaching, leaning, spilling, wiping, and cleaning yourself or your vehicle. These are quite a number of distractions for one driver on one trip. You are safer when you stop to eat or drink. Allow yourself plenty of time to stop, rest from driving, and enjoy your meal.

Are You Being Driven to Distraction?

What do children, friends, and pets all have in common? All can be a dangerous distraction to you while you are driving.

Teach your young children that driving is an important job and that you must concentrate when you are behind the wheel. Buckle up your children properly. Give them distractions—books, games, or other appropriate toys to occupy their time. If you need to attend to your children, pull over to a safe place. Don’t try to handle children while you are driving.

When you are driving with friends and relatives, establish some strategies to keep your passengers under control. A carload of friends can be very distracting with loud talking, quarrelling over music selections, or horseplay. Arguments and other disturbing conversations should be held in a safe, appropriate place, not while you are driving in your vehicle.
A loose pet in a moving vehicle can be very dangerous. Properly secure your pet in a pet carrier, portable kennel, or specially designed pet harness when you are driving. Never allow your pet to sit in your lap while you are driving your vehicle.

Turning Dials Can Turn Your Head

Making destination entries on an in-vehicle navigation system, radio surfing for a good song, or adjusting your vehicle’s climate controls are distracting activities that can put you in danger of a vehicle crash or near-crash. The availability of in-vehicle Internet and e-mail access from cell phones, blackberries, and other portable devices are added distractions that increase your risk of a crash if you engage in these activities while driving.

Adjust vehicle’s controls (climate controls, mirrors, radio, seat, etc.) before you begin to drive.
Check your e-mail, voicemail, and any other portable devices you have before you begin driving.
Take advantage of normal stops to adjust controls.
Ask your passenger to adjust the radio, climate control, navigation system, etc. for you.

Looks Can Kill…

Looking out your window at what you are passing while you are driving can be a distraction if you are concentrating on getting a good look at:

an accident
a vehicle pulled over by law enforcement
construction work
a billboard advertisement
a scenic view
street names and addresses

Always focus on your driving. It’s crucial that you remain alert while on the road to arrive at your destination safely.

Distractions and Young

The leading cause of death for 15-20 year olds are vehicle crashes. Vehicle crashes make up approximately one-third of all deaths for this age group. More crashes occur when passengers, usually other teens, are in the vehicle with a teen driver. Two out of three teens die as passengers in a vehicle driven by another teen.

These statistics are caused by a teenager’s immaturity, driving inexperience, overconfidence, and risk-taking behaviors. Before your teen takes to the road, explain to him/her the dangers of participating in distracting activities and driving. Many teens do not see the connection between the things that distract them and their age group’s high rate of vehicle crashes and death.

Give your teen strategies and rules to help them keep their passengers under control. No horseplay, inciting the driver to speed or engaging in any other type of dangerous activity while riding in a vehicle.

Instruct your teen to set up his/her in-vehicle radio, CD player, IPOD or any other in-vehicle music playing device before driving and to play the music at a listening level that is not distracting. Wearing headphones or earplugs is illegal in California regardless of the age of a driver.

Talk with your teen about how to deal with driving distractions. Discuss what could happen if he/she tries to answer a cell phone, send a text message, search for music, or spill a drink on themselves while they are driving. Explain the importance of driving safely and staying alive.

Other Deadly Distractions

In this age of multi-tasking, it is common to do more than one task at the same time. You already multi-task when you are driving; your mind and body are working simultaneously to drive your vehicle. You should not add another task on top of what you already need to do to drive safely. These tasks should never be done while you are driving:

Reading a newspaper, a book, or a map.
Personal grooming, such as hair grooming, shaving, or applying makeup.
Smoking and dealing with lighting up, putting out cigarettes, or falling ashes.
Working in your car: typing on a laptop, making business calls, and writing notes or reports.
Undistracted Driving

When you’re driving, the condition of the roadway you are on and the behavior of other drivers can change abruptly, leaving you little or no time to react. When you are driving, follow these rules:

Stay focused.
Pay attention.
Expect the unexpected.

These tips can help you continue to drive and arrive at your destination safely:

Follow the advice in this brochure
Ensure all passengers are buckled-up properly.
Be well-rested and in the appropriate mindset to drive. Driving while you are upset or angry can be just as dangerous as driving when you are tired.
Help your teen identify and reduce distractions when he/she is driving.
Don’t tailgate.
Allow sufficient time to reach your destination.
Make sure your vehicle is properly maintained.

Driver distractions reduce your awareness to your driving environment, your decision-making process and your driving performance. This results in crashes or near-crashes and corrective actions having to be taken by you and/or other drivers on the road.

For more information, visit my website at www.drunkdrivinglawyer.com or call me at 1 (866) DUI-BUST.

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ATTACKING FIELD SOBRIETY TESTS

When a driver is stopped by a police officer, especially at night, the officer will observe the driver for the signs of alcohol consumption and impairment. The National Highway Transportation and Safety Administration (NHTSA) listed a number of potential clues for the officer to look for, including rumpled clothing, an odor of alcohol, red eyes, glassy eyes, poor coordination, and loud or slurred speech.

Researchers have also examined indications of intoxication in an attempt to make more accurate judgments. Several general conclusions can be drawn:

While individual clues (e.g., red eyes, slurred speech) occur at different BAC levels on the average, there is a wide variation, and

Some people (probably chronic alcoholics) do not show any expected clues.

The difficulty in judging intoxication, combined with the high number of alcohol related traffic incidents, led NHTSA to develop a set of standardized sobriety tests. These were introduced in the mid-1980's and consisted of three tests: (1) Horizontal Gaze Nystagmus (HGN), (2) Walk and turn, and (3) One leg stand. HGN involves assessing the driver’s eyes for jerkiness (Nystagmus) when following a moving object or when held to the side. All three tests are standardized and should be administered, scored, and interpreted the same way each time. Often in cross-examination, a DUI defense expert will show that the police officer is not adequately trained to administer these tests, and the jury in many cases will disregard a significant portion of the driver’s performance of these tests based on that cross-examination. This is a major area of DUI defense.

However, even if they are conducted correctly, there are many limitations to the tests in determining of someone is intoxicated. A partial list includes:

Lack of norms for how sober people of different ages perform (there is no testing to show the variance based upon age, weight, etc., whether male or female)

Use of blood or breath alcohol concentration, rather than some index of impairment as a criterion of whether or not to arrest someone.

Limited investigation of the effects of fatigue, anxiety or fear on performance. No research has been done on how performance on the tests relates to driving impairment.

Considerable variability between the different officers in how they administer and score the tests, even when the tests are improperly administered is not recognized.

Failure to report data back to NHTSA, including false positive arrests-the officer finds someone fails the SFST’s, he or she is taken to the station, and blows into a breath device well below a .08% BAC. This is often referred to as a false positive. None of these are reported back to NHTSA to be incorporated into the studies to show how the officers in the field actually perform, and how the arrests actually correlate to a positive showing on the SFST’s. A good DUI expert will cross-examine the police officer regarding field sobriety testing from a scientific perspective and show the shortcomings of these tests, and while these tests in many instances are completely meaningless.

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MIRANDA

What are the "Miranda" Rights?

In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned:

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.

Read the historic U.S. Supreme Court decision: Miranda v. Arizona.

What if the Police Fail to Advise Me of My Miranda Rights?

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

For example, suppose Dan is arrested and, without being read his Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession.

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YOU JUST GOT A DUI-NOW WHAT?

Being arrested for DUI is a frightening and eye opening experience.  You’ve been pulled over and forced to perform coordination tests by the side of the road or other public place. This is embarrassing and humiliating. You were probably forcibly handcuffed and thrown into the back of a patrol car. You were then transported to jail where you went through the booking process and had your blood, breath or urine tested. If you were lucky, they processed and released you, however, most people are forced to undergo hours in a “drunk tank” or “holding cell”. You may have been forced to stay in that filthy, smelly cell for hours.

You must request an Admin Per Se within ten days of your arrest. The arresting officer may or may not have brought this to your attention. You must request a hearing from the Driver Safety Office or the main DMV office in Sacramento, not your local Licensing Office (where you to go to renew your license or register your car). And you want to hire an experienced and specially trained DUI lawyer. Don’t delay. Call my office now for your free consultation at 1 (866) DUI-BUST or visit my website for more information at www.drunkdrivinglawyer.com.

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DID YOU KNOW?

A DUI arrest in California triggers two separate actions. Administratively, the DMV will attempt to take your license, and criminally through the court system.

You must request an Administrative Per Se Hearing within ten days of your arrest.

Many factors can affect breath test results, such as your body temperature, bleeding gums, etc.

Field Sobriety Tests (coordination tests done in the field) are optional.

Blood samples can ferment, causing a false high reading, if not properly preserved.

A DUI conviction can cost you more than $10,000 over the next three years.

The court can order you to have an ignition interlock device installed in your car.

There are alternatives to mandatory jail sentences such as electronic monitoring, private jail, community service, etc.

If you hire an attorney, in most cases your attorney can appear in court on your behalf, so that you can continue to work and live your life.

If you have an out of state drivers license, you must still request an Admin Per Se Hearing from the California Department of Motor Vehicles within ten days of your arrest, or your license may be suspended by your home state.

If you’re under 21, you may have your license suspended for one year each from the California Department of Motor Vehicles and the court.

Each shot of liquor, glass of wine, or mug of beer raises your BAC an average of .02%.

It takes one hour for each standard drink to be eliminated from your body.

If you refuse to take a blood or breath test after you’ve been arrested, the DMV will attempt to suspend your license for a minimum of one year, and you will not be eligible for a restricted license.

As of January 1, 2005, a prior DUI conviction will be used to enhance any future DUI for ten years.

You will be required to file an SR-22 (Proof of Insurance) form if you lose your DMV hearing or suffer a conviction for DUI in criminal court. The SR-22 form is only used for DUI, meaning you’re required to inform your insurance company that you’ve been charged with DUI.

The length of the DUI school you are required to attend will depend upon your BAC, whether this if a first, second, or third offense.

You’re not required to attend DUI school if your case is reduced to a wet reckless, dry reckless, or moving violation.

Not all DUI arrests result in DUI convictions. Depending on the facts of your case, a plea to a reduced charge may be possible.

In California, you’re entitled to a jury trial for a DUI charge. That’s not the case in all states.

If your case goes to trial, all 12 jurors must be certain of your guilt beyond a reasonable doubt. If even one juror is not certain beyond a reasonable doubt, you can’t be convicted.

According to the manufacturers of the breath testing equipment used by law enforcement, there is a margin of error in the breath testing equipment.

If you submit to a breath test, the officer is required to observe you for fifteen minutes prior to the test, to make sure that you don’t belch, burp or regurgitate.

The presumption of intoxication in California is .08% BAC.

When you’re arrested for driving under the influence of alcohol in California, you have a choice of taking a breath or blood test. If you’re arrested for driving under the influence of drugs, you have a choice of blood or urine testing.

Having your tongue pierced, gingivitis, periodontal disease and other factors may affect your BAC results when taking a breath test.

In California, the officer does not objectively score your field sobriety test results, he merely renders an opinion as to whether or not you passed or failed.

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DMV's Reexamination Process

The Department of Motor Vehicles (DMV) is providing this information as a general guide for drivers required to appear for a reexamination to demonstrate their continued fitness to operate a motor vehicle safely. Not all cases are the same and this information only provides the basics necessary to prepare for a reexamination.

How Does DMV Determine If I Need A Reexamination?

DMV has the authority to investigate and reexamine your ability to operate a motor vehicle safely due to a physical or mental condition or a poor driving record. DMV receives information from many sources, such as:

Your physician or surgeon who is required by law to report to DMV certain conditions or disorders characterized by loss of consciousness or control, including Alzheimer’s disease. The law also allows them to report other conditions which, in their opinion, may affect your ability to operate a motor vehicle safely.
Emergency medical personnel who may see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.
Unsolicited letters from family members, friends, or neighbors who report that you may no longer be able to drive safely.

A law enforcement officer who stops you for a traffic law violation or is at an accident scene in which you were involved, and you appear to be an unsafe driver.

A Request for Priority Reexamination from a peace officer who has observed your driving and believes you are an unsafe driver and should not continue driving.

Your driver license application or renewal-by-mail notice where you indicate that you have a disease, disorder, or disability that affects your ability to operate a motor vehicle safely.

Your driving record which indicates accidents, traffic law convictions, reckless, negligent or incompetent driving habits, fraudulent use of a driver license, or other grounds which would cause DMV to refuse a driver license.

What Happens If DMV Decides I Should Be Reexamined?

Once DMV is made aware that you have a medical condition that may cause a potential driving risk to yourself or others, or your driving record indicates negligent driving activity, DMV will evaluate you to ensure you can drive safely. DMV may do one of the following:

What If I Need An Interpreter?

If you need a sign language or foreign language interpreter, DMV will provide one. You must contact DMV immediately so an interpreter will be available on the date of your reexamination.

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CALIFORNIA DMV INSURANCE REQUIREMENTS

The purpose of the Compulsory Financial Responsibility Law is to insure that drivers and owners of vehicles are financially responsible for any damage or injury caused by a traffic accident, any damage or injury caused by a traffic accident, regardless of fault, and to remove financially irresponsible drivers from the highways.

In California you must maintain evidence of financial responsibility as specified by law if you drive a vehicle, whether or not you own it or not, or if you own a vehicle, whether or not you drive it, but allow others to drive it.

When you renew the registration of your vehicle, you are required to provide the DMV with one of the following:

1. Proof of liability insurance, or a copy of your ID card from an automobile insurance carrier.
2. Cash depositors must submit a copy of a DMV acknowledgment letter showing the deposit number.
3. Self-insured persons must submit a copy of the DMVs acknowledgment letter with the assigned self-insured number and expiration date.
4. A copy of the insurance binder.
5. California Insurance Proof Certificate, SR-22.
6. A Statement of facts indicating an exemption if the registration does not show the exempt status for vehicles owned, leased, or under the direction fo the United States or any public entity included in Gov. Code Section 811.2.
7. Motor carriers as defined in CVC Section 34601 may complete a statement of facts indicating that the carrier has evidence of insurance on file with the PUC or DMV.

 

In order to renew your vehicle registration you must have liability insurance covering damage to the person or property of others.

Comprehensive or collision coverage only is for damage to your vehicle and does not meet the financial responsibility requirement.

Full coverage may only cover your damages. Check you insurance policy or talk with your insurance agent to be sure that you have liability coverage for each vehicle you own.

The minimum liability insurance coverage required in California for private passenger vehicles per accident is $35,000 and is defined by the following:

1. $15,000 for injury/death to one person
2. $30,000 for injury/death to more than one person
3. $5,000 for damage to property

 

The following are not required to show evidence of liability insurance when renewing your vehicle registration:

1. Trailers
2. Off-Highway vehicles
3. Government vehicles
4. IRP registered vehicles
5. Permanent Fleet Registered vehicles
6. Special Equipment vehicles
7. Vehicles registered under a Planned Nonoperation (PNO) status

 

If you are stopped for a traffic violation or are involved in an accident, you must show proof of insurance or financial responsibility when requested by a police officer.

Failure to provide valid evidence of insurance to a police officer can and probably get your cited, and fined $500 plus additional penalties and court fees. Your vehicle may also be impounded.

In California you are required to carry evidence of valid insurance coverage with you at all times while driving. If you’re not insured at the time of an accident, the DMV will suspend your drivers license.

If you were insured at the time of a citation or accident, but didn’t have proof of insurance with you, you must bring proof of insurance to court in order to have the citation dismissed. Showing proof of insurance to the DMV will not clear the court’s action against you.

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BILL NUMBER: AB 91

              BILL TEXT

              PASSED THE SENATE SEPTEMBER 3, 2009

              PASSED THE ASSEMBLY SEPTEMBER 9, 2009

              AMENDED IN SENATE AUGUST 17, 2009

              AMENDED IN SENATE JULY 16, 2009

              AMENDED IN ASSEMBLY JUNE 1, 2009

              AMENDED IN ASSEMBLY MAY 4, 2009

              AMENDED IN ASSEMBLY APRIL 21, 2009

              AMENDED IN ASSEMBLY APRIL 13, 2009

              AMENDED IN ASSEMBLY MARCH 16, 2009

INTRODUCED BY Assembly Member Feuer

   (Coauthors: Assembly Members Buchanan, De La Torre, Gilmore, Hill,

Huffman, Jeffries, Jones, Lieu, Bonnie Lowenthal, Miller, Nava,

Saldana, Solorio, and Torlakson)

  (Coauthors: Senators Benoit, Cox, and DeSaulnier)

                        JANUARY 6, 2009

   An act to amend Sections 13386 and 23576 of, and to add and repeal Chapter 5 (commencing with Section 23700) of Division 11.5 of, the Vehicle Code, relating to vehicles.

              LEGISLATIVE COUNSEL'S DIGEST

   AB 91, Feuer. Vehicles: driving under the influence (DUI): ignition interlock device.

   (1) Existing law requires all manufacturers of ignition interlock devices that meet specified requirements and are certified in a manner approved by the Department of Motor Vehicles, that intend to market the devices in this state, to first apply to the department on forms provided by the department and to pay an accompanying fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out those provisions.

   This bill would require a manufacturer and a manufacturer's agent, certified by the department to provide ignition interlock devices, to provide each year to the department information on the number of false positives and the time to reset the device. The bill would also require the department to use this information in evaluating the continued certification of an ignition interlock device.

    (2) Existing law requires a person's privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage and drug, or with 0.08% or more, by weight, of alcohol in his or her blood or while addicted to the use of any drug, with or without bodily injury to another. Existing law also authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver's license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person's vehicle.

   This bill would require the department to establish a pilot program from July 1, 2010, to January 1, 2016, in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of the above offenses, a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates, except as provided. The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed. The bill would prohibit the implementation of the pilot program if the department fails to obtain, by January 31, 2010, nonstate funds for the programming costs of the pilot program.

    The bill would set up a statutory scheme under which the department would, with regard to the installation of an ignition interlock device described above, notify the person of the ignition interlock device installation requirements established under the bill, accept notification from the installer of the ignition interlock device of attempts to remove, bypass, or tamper with the ignition interlock device or if the person fails 3 or more times to comply with the maintenance requirements, monitor the installation and maintenance of the ignition interlock device, and keep specified records.

   The bill would also require that manufacturers and manufacturer's agents, certified by the department to provide ignition interlock devices, adopt a fee schedule for payment of the costs of the ignition interlock device based on the offender's ability to pay, and would require the court to adopt a similar fee schedule with regard to the fees for the county alcohol and drug problem assessment program.

   On or before January 1, 2015, the department would be required to report to the Legislature regarding the effectiveness of the pilot program in reducing the number of first-time driving under the influence violations and repeat offenses in those counties.

   (3) This bill would require that it become operative only if SB

598 of the 2009-10 Regular Session becomes operative on or before

January 1, 2010.

  (4) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified ignition interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program by expanding the scope of that crime.

   (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

   This bill would provide that no reimbursement is required by this act for a specified reason.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1. Section 13386 of the Vehicle Code is amended to read:

   13386. (a) (1) The Department of Motor Vehicles shall certify or cause to be certified ignition interlock devices required by Article 5 (commencing with Section 23575) of Chapter 2 of Division 11.5 and publish a list of approved devices.

   (2) (A) The Department of Motor Vehicles shall ensure that ignition interlock devices that have been certified according to the requirements of this section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements.

   (B) The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply:

   (i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of Article 2.55 (commencing with Section 125.00) of Chapter 1 of Division 1 of the Title 13 of the California Code of Regulations.

   (ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections 1 and 2 of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages 11774 to 11787, inclusive.

   (C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices.

   (b) (1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.

       (2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation.

   (c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria.

   (d) The department shall utilize information from an independent laboratory to certify ignition interlock devices on or off the premises of the manufacturer or manufacturer's agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer.

   (e) No model of ignition interlock device shall be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration.

   (f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (e) and are certified in a manner approved by the Department of Motor Vehicles, who intend to market the devices in this state, first shall apply to the Department of Motor Vehicles on forms provided by that department. The applicatio shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out this section.

   (g) A manufacturer and a manufacturer's agent certified by the department to provide ignition interlock devices shall provide each year to the department information on the number of false positives and the time to reset the device. The department shall use this information in evaluating the continued certification of an ignition interlock device.

    (h) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:

   (1) An "Option to Install," to be sent by the Department of Motor Vehicles to repeat offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of an ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.

   (2) A "Verification of Installation" to be returned to the department by the reinstating offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer's agent.

   (3) A "Notice of Noncompliance" and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at 60 days to maximize monitoring checks for equipment tampering.

    (i) Every manufacturer and manufacturer's agent certified by the department to provide ignition interlock devices shall adopt fee schedules that provide for the payment of the costs of the device by applicants in amounts commensurate with the applicant's ability to pay.

  SEC. 2. Section 23576 of the Vehicle Code is amended to read:

   23576. (a) Notwithstanding Sections 23575 and 23700, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person's driving privilege has been restricted pursuant to Sections 23575 and 23700 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.

   (b) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Sections 23575 and 23700, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).

  SEC. 3. Chapter 5 (commencing with Section 23700) is added to Division 11.5 of the Vehicle Code, to read:

      CHAPTER 5. IGNITION INTERLOCK DEVICES

   23700. (a) Notwithstanding any other provision of law, the Department of Motor Vehicles shall establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce the number of first-time violations and repeat offenses of Sections 23152 and 23153, as follows:

   (1) The Department of Motor Vehicles, upon receipt of the court's abstract conviction for a violation listed in paragraph (7), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.

   (2) The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver's license.

   (3) Before a driver's license may be issued, reissued, or returned to a person after a suspension or revocation of that person's driving privilege that requires the installation of an ignition interlock device, a person who is notified by t department pursuant to paragraph (1) shall complete all of the following:

   (A) Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386.

   (B) Notify the department and provide to the department proof of installation by submitting the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386.

    (C) Pay the fee, determined by the department, that is sufficient to cover the costs of administration of this section.

   (4) The department shall place a restriction on the driver's license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device.

   (5) (A) A person who is notified by the department pursuant to paragraph (1) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.

   (B) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.

   (6) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to paragraph (1).

   (7) A person is required to install an ignition interlock device for the applicable term as a condition of being issued a restrict driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation or a suspension of a person's driver's license, as follows: