California's Third-Strike DUI Law Keeps Repeat DUI Offenders Off the Road for a Decade

February 23, 2012

A newly passed broadening of California's third-strike law has the legal authority to keep repeat DUI offenders -- those who have three or more DUI offenses in a ten-year period -- off the road for up to a decade. The law now grants judges the authority to revoke the driving privileges of a person convicted of three or more DUI or alcohol-related offenses in a 10-year period.

Some lawmakers -- including California state assemblyman Jerry Hill (D-San Mateo), who authored the bill that was passed into law -- support this measure and think that it could possibly keep up to 10,000 repeat drunk drivers off the road each year. In fact, he had originally sought a lifetime license revocation and mandatory jail time for a third-strike in a 10-year span, but that provision was deemed too harsh by fellow lawmakers, and the 10-year revocation was a compromise that was eventually passed into law.

Safety organizations like Mothers Against Drunk Driving (MADD) as well as law enforcement agencies like the California Highway Patrol and the California State Sheriff's Association applaud the new law's tough stance on those convicted of multiple alcohol-related offenses in a relatively short time.

Others -- including criminal defense lawyers and civil rights advocates -- decry the law's new strict stance on the punishment of those convicted of three or more instances of drunk driving (DUI) over the course of 10 years. They argue that the new law, which raises the maximum revocation period for three or more DUI convictions from three years to 10 years, is focused too much on punishment and not enough on rehabilitation. They also feel that the law puts no emphasis on treating the underlying problems that would cause someone to drink and drive multiple times.

Furthermore, they contend that a revocation of that length will be too difficult to supervise, encouraging more unlicensed drivers to hit the road. Since the law does nothing to emphasize the need for chemical dependency treatment, those same drivers are likely to not only drive illegally, they will be doing so while intoxicated. In addition, the law may lead to profiling of a sort -- police could be on the lookout for people they know have already been convicted one or more times for drunk driving, eager to give them an additional charge.

Fortunately, there are some options -- like IIDs (ignition interlock devices) and SCRAM (secure continuous remote alcohol monitor) bracelets that could be utilized in some cases to allow drivers to spend less than 10 years off the road. These devices monitor the presence of alcohol in the user's breath or sweat, and are programmed to alert authorities if alcohol is detected, thus serving not only as a punishment but also as a deterrent, encouraging a lifestyle change.

No matter if you or a loved one is facing a first-time DUI charge or a subsequent one, having a skilled criminal defense attorney at your side when you face the judge could have a huge impact on the success of your defense and your sentencing should the case get that far.

Article provided by Jerrold M. Bodow, Attorney at Law, A.P.L.C.
Visit us at www.attorneybodow.com