California Has a Dangerous Driver Problem. A Bipartisan Group of Lawmakers Wants to Fix That

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A bipartisan group of state Assembly members announced a package of bills Monday to crack down on dangerous drivers and address some of the roadway safety issues CalMatters uncovered as part of its ongoing License to Kill series.

The proposals take aim at laws and practices that have allowed dangerous drivers to stay on California’s roads and contributed to a spike in traffic deaths. The bills would: require first-time DUI offenders to install in-car breathalyzers, lengthen many license suspensions and revocations, increase DUI training for law enforcement and close a loophole that allows people who’ve killed with their car to avoid consequences through a diversion program.

“Sacramento is listening. We see that there is a problem and we are doing what we can, crossing that partisan divide and trying to identify real solutions that we can deliver now to make our communities safer,” said Democratic Assemblymember Nick Schultz of Burbank, chair of the Assembly Public Safety Committee.

The Assembly proposals are one component of a broader reckoning over years of rising traffic deaths playing out at the Capitol. Next week, a separate event is expected to include more details about new bills from the California Senate, related budget proposals and the perspective of families who have lost loved ones to drunk drivers.

Last month, Schultz introduced a bill to increase penalties for repeat DUI offenders. Assembly members detailed several additional legislative efforts at Monday’s press conference that would: 

Close a diversion loophole.

We reported in December that a criminal justice reform law from a few years ago was allowing judges to dismiss misdemeanor vehicular manslaughter charges for drivers who agreed to take part in what’s known as a diversion program. But in an unintended twist, that has meant the drivers not only avoided a criminal conviction but also kept a clean driving record.

Assembly Member Lori Wilson, a Democrat from Suisun City who chairs the Assembly Transportation Committee, introduced a new bill that would require the DMV to add points to a driver’s license when they’re granted misdemeanor diversion.

Make license suspensions and revocations start when a driver is released from custody as opposed to at the time of conviction.

Currently, someone who is convicted of felony vehicular manslaughter would likely by law have their license revoked for three years. But the revocation would often start while they’re in prison and they might be eligible to get their license back as soon as they’re out.

Wilson said her office is finalizing language on another bill that would change that.

“Driving is a privilege,” Wilson said. “This package holds dangerous drivers accountable and keeps our streets safer for everyone.”

Force first-time DUI offenders to install what’s known as an ignition interlock device on their vehicles.

This is now the third time that Assemblymember Cottie Petrie-Norris, a Democrat from Irvine, has introduced this measure.

California is currently one of the few states that doesn’t require first time offenders to install the technology, which forces a driver to blow into a breathalyzer and prove they haven’t been drinking in order to start their car. Her previous efforts failed after the Department of Motor Vehicles raised budget concerns and civil liberties groups worried it would disproportionately impact the poor and people of color.

“California is the epicenter of America’s DUI and drunk driving epidemic. As moms, as dads, as Californians, it’s horrifying. And as policymakers, we have an opportunity and we have an obligation to do something about this,” Petrie-Norris said. “We know these devices work. We know that they can save lives.”

Increase training for law enforcement officers on how to enforce the state’s DUI laws.

Assembly Member Juan Alanis, a Republican from Modesto, said currently many officers only get basic training at the academy on drunk and drugged driving and must often wait for colleagues with more specialized training to assess a driver’s sobriety level.

“This is to help those agencies and officers to be able to have that training so that way we can identify DUI drivers faster, quicker and get them off the streets,” Alanis said.

Schultz called the package of proposals a “starting point” and said he expects his colleagues in the state Senate will also be proposing changes to save lives on the road.

Indeed, last month state Sen. Bob Archuleta, a Democrat from Norwalk, introduced a bill to crack down on DUIs – increasing punishment and making it easier for prosecutors to charge repeat offenders with murder.

Archuleta is expected to hold a press conference later this month along with Mothers Against Drunk Driving, road safety advocates and other lawmakers to announce further road safety bills.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.