Driving under the influence (DUI): refusal to submit to chemical tests.
Summary
(1) Existing law requires the Department of Motor Vehicles to suspend or revoke a person's privilege to operate a motor vehicle, as specified, if the person refuses an officer's request to submit to, or fails to complete, a chemical test or tests for alcohol or drugs, upon receipt of the officer's sworn statement that the officer had reasonable cause to believe that the person had been driving a motor vehicle while under the influence (DUI) and that the person had refused to submit to, or did not complete, the test or tests after being requested by the officer. A violation of this provision is a crime. This bill would in addition impose the same punishment for a refusal to submit to a chemical text for a first violation, or for one or more violations or DUI offenses occurring within 10 years, as the punishment for DUI committed under similar circumstances. By adding imprisonment in the county jail to this offense, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2009
Committee Review
Floor Vote
Governor
Introduced Feb 25, 2009
Last action Jan 13, 2010
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
2
Committee
3
Apr 14, 2009
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 16, 2009
Committee
Referred to Com. on PUB. S.
lower
Feb 26, 2009
Lower · Passed
From printer. May be heard in committee March 28.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
JM
Jeff Miller
RRepublican
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