AB 1546

Under existing law, if a person is 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 within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified. This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of 3 or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony, and the person shall have their privilege to drive revoked for a period of 4 years, as specified. This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified, if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program. The bill would revoke the person’s privilege to drive for a period of 4 years if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and for 5 years if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions. Existing law, until January 1, 2033, requires a person, upon a criminal conviction for driving under the influence with a prior conviction for DUI, to install a functioning, certified ignition interlock device (IID) for a specified period of time. Under existing law, if a person is convicted of DUI within 10 years of 3 or more specified prior DUI violations, the person is required to install the IID for a mandatory term of 36 months. This bill would require the person to install the IID for a mandatory term of 36 months if the conviction occurred within 10 years of 3 specified prior DUI violations. If the conviction occurred within 10 years of 4 or more specified prior DUI violations, the bill would require the person to install the IID for a mandatory term of 48 months. This bill would make 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.