HB 1755

Present law provides that i t is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while any of the following conditions exist:  Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess .  The alcohol concentration in the person's blood or breath is 0.08% or more .  With a blood alcohol concentration of 0.04% or more and the vehicle is a commercial motor vehicle. Present law provides that i f a person is so convicted, and at the time of the offense, the person was accompanied by a child under 18, then the person's sentence is enhanced by a mandatory minimum period of incarceration of 30 days. For acts committed on or after the effective date of this bill, this bill also requires t he court to enhance a person's sentence by a mandatory minimum period of incarceration of 30 days if a person is so convicted, and at the time of the offense the person was w ithin a marked school zone and a warning flasher or flashers were in operation.