California AB 1748

Existing law requires the Department of Motor Vehicles (DMV) to suspend the privilege of a person to operate a motor vehicle for 6 months if they are convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person's blood. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2, 3, or 4 or more separate violations for DUI that resulted in specified convictions, the DMV is required to suspend or revoke the privilege of a person to operate a motor vehicle for 2, 3, 4, or 5 years, as specified. Existing law requires the department to suspend the privilege of a person to operate a motor vehicle for 10 months if they are convicted of a DUI and their blood-alcohol concentration was 0.20% or more or they refused to take a chemical test, and the court refers the person to participate in a licensed program that provides alcohol or drug recovery services, as specified. This bill would require the DMV to suspend the privilege of a person to operate a motor vehicle for 1 year if a person is convicted of DUI. The bill would require the DMV to suspend or revoke the privilege of a person to operate a motor vehicle for 3, 5, or 10 years, as specified, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2 or 3 separate violations for DUI that resulted in specified convictions. The bill would also require the DMV to permanently revoke the privilege of a person to operate a motor vehicle if a person is convicted of DUI and the offense occurred within 10 years of 4 or more separate violations. The bill would require the department to suspend the privilege of a person to operate a motor vehicle for 16 months who is convicted of a DUI and whose blood-alcohol concentration was 0.20% or more or who refused to take a chemical test, and who is referred by the court to participate in a licensed program that provides alcohol or drug recovery services, as specified. The bill would make other conforming changes. 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.