HomeMy WebLinkAboutMINUTES - 03201990 - 1.26 /111 1--o26
TO: BOARD OF SUPERVISORS `*%= Contra
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FROM: Costa
Phil Batchelor, County Administrator County
DATE: fG qcouN'�,�Py, �y
March 13 , 1990
SUBJECT: LEGISLATION - AB 3001 (Hansen, et al)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMUKNDATION
Adopt a position of SUPPORT for AB 3001 by Assemblywoman Hansen
and 12 co-authors which would make it unlawful for a person who
is under the age of 21 to drive a vehicle if the person has a
blood alcohol level of . 01% or more or to drive a vehicle after
consuming an alcoholic beverage if the person has alcohol in his
or her blood.
BACKGROUND:
Under existing law, it is unlawful for a person who is under the
age of 18 to drive a vehicle if the person has a blood alcohol
level of . 05% or more. Existing law provides a presumption of
violation of that offense if the person was under the influence
of, or was affected by, an alcoholic beverage and if the trier of
fact finds that the person was driving with a blood alcohol level
of . 05% or more.
AB 3001 would, instead, make it unlawful for a person who is
under the age of 21 years to drive a vehicle if the person has a
blood alcohol level of . 01% or more. The bill would also make it
unlawful for a person under the age of 21 to drive a vehicle
after consuming an alcoholic beverage if the person has alcohol
in his or her blood. The bill also establishes a presumption
that an individual has violated the prohibition against driving
with a blood alcohol level of . 01% or more if the person was, at
the time of driving, under the age of 21 and either:
Yes
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE '
- APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - March 20 , 1990 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: please see Page 2 . ATTESTED
MAR 2 0 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88) '
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1 the person was under the influence of or affected by an
alcoholic beverage, regardless of whether a chemical test
was . made to determine that person' s blood alcohol
concentration, or
2. the person had consumed an alcoholic beverage and had a
blood alcohol level of .01% or more at the time of testing.
In addition, a person is presumed to be in violation of the
prohibition against driving a vehicle when under the age of 21 if
the person has consumed an alcoholic beverage and has alcohol in
his or her blood if, at the time of driving, the person was under
21 and had a blood alcohol level of . 010 or more at the time of
testing.
By establishing more restrictive requirements on an individual
under the age of 21 who has been drinking alcoholic beverages, AB
3001 assists the Board of Supervisors ' war on drug and alcohol
abuse and therefore appears to deserve the support of the Board
of Supervisors.
cc: County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Health Services Director
Alcohol Program Administrator
Chair, Alcoholism Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates