April 16, 2013 (Press-News.org) A new California bill that was introduced in the state Senate is currently up for review. The bill aims to amend the current California DUI laws in place. Referred to as the zero-tolerance DUI bill, the new language has stirred controversy.
Current DUI law and proposed changes
Present California DUI law states that "it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." This includes illegal drugs as well as legal prescriptions.
However, the language of the new bill will amend this current DUI law and make it:
"Unlawful for a person to drive a motor vehicle if his or her blood contains ANY detectible amount of a drug classified in Schedules I, II, III, or IV of the California Uniform Controlled Substance Act, UNLESS the drug was consumed in accordance with a valid prescription issued to the person by a licensed health care practitioner."
Problems with the proposed law
Opponents of the bill, however, have pointed out the potential repercussions of the new law. Opponents argue that making it unlawful for a person to drive with ANY traces of alcohol or drug in his or her body is problematic--particularly for marijuana users.
This is because, unlike alcohol, a particular chemical compound known as Carboxy-THC found in marijuana can stay in the human body for up to a month after being consumed or inhaled. As a result, someone pulled over for suspected DUI in California can test positive for marijuana even though they may not have touched the substance for days.
However, under the new law they could still be charged with California DUI.
Future of the new law
California isn't the first state to propose such a stringent zero-tolerance DUI law.
The state of Arizona passed a zero-tolerance law not long ago. The law was recently challenged in court, but the Arizona Appeals Court ruled that as long as there is some evidence that any compound of the drug was in a driver's body at the time he or she was pulled over for suspected DUI, it is sufficient to convict him or her for driving under the influence.
Whether the state of California will follow suit with the same reasoning remains to be seen. The bill is currently up for review by the California State Senate Public Safety Committee. A hearing on the bill is set for April 23rd, 2013. Both advocates and opponents of the proposed, new DUI law will be given the opportunity to voice their opinions.
Article provided by The Law Offices of Michael L. Davidson
Visit us at www.bayareadefenseattorneys.com
Hearing set for California bill aimed at changing current DUI laws
A new California bill aimed at amending the current California DUI laws in place is up for review. The zero-tolerance DUI bill, however, has stirred controversy among marijuana advocates.
2013-04-16
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[Press-News.org] Hearing set for California bill aimed at changing current DUI lawsA new California bill aimed at amending the current California DUI laws in place is up for review. The zero-tolerance DUI bill, however, has stirred controversy among marijuana advocates.