HomeMy WebLinkAboutMINUTES - 02271990 - 1.65 TO: BOARD OF SUPERVISORS Contra
FROM: t Costa
Phil Batchelor, County Administrator
4° Count
DATE: February 21, 1990
CGUh
SUBJECT: LEGISLATION: SB 1150 (Lockyer)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of SB 1150 by Senator Lockyer which
would increase the period of drivers license suspension when an
individual is convicted of driving while under the influence of
an alcoholic beverage or any drug and would make related changes
in the procedures to be followed in making such a determination.
BACKGROUND:
Under current law, a person' s privilege to operate a motor
vehicle may be suspended or revoked if the person is convicted of
driving while under the influence of an alcoholic beverage, any
drug, driving with an excessive blood alcohol concentration,
driving while addicted or if the person refuses to submit to
chemical testing of his or her blood, breath or urine after
arrest for those offenses. The period of suspension or
revocation is enhanced if the person has had convictions of
separate offenses of that prohibition or, in certain
circumstances, convictions of reckless driving involving alcohol,
within a specified 7 year period.
Also under current law, the Department of Motor Vehicles may
suspend the person' s privilege to operate a motor vehicle for 6
months on a first violation or one year on any subsequent
violation within 7 years if the department finds administratively
that the person was driving a motor vehicle with an excessive
concentration of alcohol in his or her blood. If the person
subsequently enrolls in an alcohol treatment program the
department is required to suspend the person' s driving privilege
for 30 days andlthen issue the person a restricted license for
CONTINUED ON ATTACHMENT:Yes YES SIGNATURE:
I�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ? `/� �iy`
ACTION OF BOARD ON }Qhrua�r-27� 1q9 n APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
I.
ABSENT: County ±9-Y111 tur OF SUPERVISORS ON THE DATE SHOWN.
CC:
District Attorney
Sheriff-Coroner ATTESTED
County Probation Officer PHIL BATCHELOR,CLERK OF THE BOARD OF
Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR
Alcohol Program Administrator
Acting Municipal Court Administrator
M382 (10/88) Les Spahnn BY DEPUTY
SRJ. Jackson, Barish & Associates
driving to and from treatment. In the person has a commercial
license and has no separate violations of alcohol-related
offenses or suspensions within 7 years, the department is
required to suspend the person' s driving privilege and then issue
the person a restricted license for driving to and from and in
the course of his or her employment.
SB 1150, as amended January 9, 1990 , would extend the period of
suspension to one year on a first violation of refusing a
chemical test of the person' s blood, breath or urine and would
require the revocation, instead of suspension, for 2 years,
instead of one year, for a subsequent violation of such refusal
or conviction of driving with an excessive blood alcohol content
or upon an administrative determination that the person was
driving with an excessive blood alcohol content. If there had
been two or more convictions within the past 7 years, the
revocation would be for three years.
SB 1150 also conforms various provisions of law to the . 08% blood
alcohol limit which was enacted in 1989 .
The bill also makes a variety of procedural changes regarding the
manner in which such cases are adjudicated.
Since SB 1150 increases the penalties for driving under the
influence of alcohol or drugs 'it appears to be consistent with
the Board of Supervisors' war on drugs. It is therefore
recommended that the Board indicate its support for SB 1150 , as
amended January 9 , 1990 .