New DUI Law Allows for 10 Year Revocations for Repeat Offenders

September 30, 2010

William Scott Simon, of Belmont, was sent to prison late last year after being convicted for his eighth DUI, stemming from a January 2009 incident. Mr. Simon previously had his license suspended in 2004 after his seventh DUI conviction, but his license was eventually reinstated. While considered an extreme case, it prompted state Assemblyman Jerry Hill to author Assembly Bill 1601, which would allow judges to revoke the licenses of habitual DUI offenders for 10 years. This new law would apply to people who have three or more convictions within a 10 year period. Current law only allows 3-year revocations for such offenders.

Proponents suggest that the new law would allow judges to take as many as 10,000 repeat offenders off the road and save countless lives. They also argue that this is an important step when so many complete diversion programs only to reoffend. According to the National Highway Safety Administration, repeat offenders make up a third of all DUI arrests.

Support for Assembly Bill 1601

Assemblyman Hill's proposal received wide support. A number of law enforcement agencies, including the California Highway Patrol and California State Sheriff's Association praised the bill. The initial bill called for a lifetime ban after a third conviction (similar to California's three strikes rule regarding violent offenders) along with jail time. However, lawmakers opposed the measure after learning that it would cost the state nearly $10 million per year to jail repeat offenders. At a time where the state faces a $19 billion budget deficit, and prison population issues, they were unwilling to support additional jail sentences.

Legislators reached a compromise with a 10 year revocation period and the bill passed unanimously through the Assembly. Mr. Hill's office expects Governor Arnold Schwarzenegger to sign the bill. For questions about the new DUI law, contact an experienced criminal defense attorney.

Article provided by Hinkle, Jachimowicz, Pointer & Emanuel
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