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CA AB702

CA AB702
Driving under the influence: chemical tests.


summary

Introduced
02/15/2017
In Committee
07/17/2017
Crossed Over
05/30/2017
Passed
Dead
09/30/2018

Introduced Session

2017-2018 Regular Session

Bill Summary

An act to amend Sections 23578 and 23612 of, and to repeal and add Section 23577 of, the Vehicle Code, relating to driving under the influence.

AI Summary

This bill makes several changes to California's laws regarding driving under the influence (DUI) and chemical tests: 1. It creates a new crime for a person to willfully refuse or fail to complete a breath test after being lawfully arrested for DUI, with penalties similar to those for a DUI conviction. This does not apply to someone who has submitted to and completed a blood test. 2. It removes the requirement for a court to consider a person's refusal to take a chemical test as a special factor when determining penalties for a DUI conviction. 3. It repeals the presumption that a person consents to chemical testing of their blood or breath if lawfully arrested for DUI. Instead, it requires the person to submit to chemical testing, but allows them to choose between a blood or breath test. It also updates the advisements officers must provide regarding the consequences of refusing a test. 4. The bill includes legislative findings about driving being a privilege subject to reasonable conditions, such as requiring chemical testing or facing penalties for refusal. Overall, the bill aims to modify California's "implied consent" laws related to DUI chemical testing and the consequences for refusing such tests.

Committee Categories

Budget and Finance, Justice

Sponsors (4)

Last Action

In committee: Held under submission. (on 09/01/2017)

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