Vote Smart's Synopsis:

Vote to pass a bill that amends the statutes related to driving under the influence (DUI), including increasing penalties and other amendments to sentencing guidelines, establishing the crime of aggravated DUI, and expanding the definition of "controlled substance."

Highlights:

• Requires law enforcement to test the blood-alcohol level of a suspect within two hours of a lawful arrest resulting from a valid traffic stop (Sec. 1).

• Expands the definition of "controlled substance" to include any drug or psychoactive substance, or any combination thereof, capable of impairing a person's physical or mental faculties. Existing law provides that anyone who is driving while under the influence of a controlled substance to such a degree that he or she is incapable of safely driving is guilty of a DUI offense (Sec. 1).

• Increases the maximum jail sentence imposed for a second DUI conviction within a period of five years from six months to one year (Sec. 1). -Expands the time-period by which the sentencing guidelines for a third DUI conviction may be administered from five years to ten years, and increases the maximum jail sentence for a third conviction from six months to one year (Sec. 1).

• Expands the time-period by which the sentencing guidelines for a fourth or subsequent DUI conviction may be administered from five years to fifteen years, and increases the maximum prison sentence for a fourth or subsequent conviction from two years to five years (Sec. 1).

• Establishes the crime of aggravated DUI for any individual that drives a motor vehicle with a blood-alcohol concentration of at least 0.15 percent, as measured within two hours of a lawful arrest resulting from a valid traffic stop, and establishes the following sentencing guidelines (Sec. 1).

• Establishes the following sentencing guidelines for aggravated DUI (Sec. 1):
• For the first offense, a misdemeanor punishable by a jail sentence of not less than seven days and not more than one year, a fine of not less than $200 and not more than $750, or both;
• For the second offense within a period of ten years, a misdemeanor punishable by a jail sentence of not less than thirty days and not more than one year, and a fine of not less than $750 and not more than $3,000; and
• For a third or subsequent offense, a felony punishable by a prison sentence of not more than five years and a fine of not more than $10,000.

• Authorizes a judge to suspend up to fifteen days of the mandatory period of imprisonment for a second aggravated DUI conviction if the offender completes an inpatient treatment program. This Act also allows the judge to suspend all or part of the discretionary portion of the imprisonment sentence and place the offender on probation if he or she completes an alcohol or substance abuse treatment program (Sec. 1).

• Requires anyone convicted of an aggravated DUI offense or a second or subsequent DUI offense to obtain an ignition interlock restricted license if they wish to drive again, which requires an ignition interlock device be installed in their car for the remainder of the suspension period or one year, whichever is greater (Sec. 1).

• Imposes a fine of up to $750 for any adult that is convicted of a DUI offense who had a child passenger in the vehicle during the violation, in addition to the maximum jail sentence of one year, as provided by existing law. A separate $5,000 fine is established by this Act for the second and subsequent conviction, in addition to the maximum jail sentence of five years, as provided by existing law (Sec. 1).

• Authorizes a Judge to impose a term of probation for any DUI conviction that exceeds the maximum term of imprisonment established for the offense, provided that it does not exceed three years (Sec. 1).

Full Bill Text