Harsher DUI Penalties in 2012

DUI penalties just got tougher in California, making the necessity of retaining a skilled DUI attorney like Ann Gottesman even greater. There’s a lot more at risk. A new law that became effective on January 1, 2012, modifies the potential penalties for repeat DUI offenders. The law, authored by Assemblyman Jerry Hill, D-San Mateo, was signed by Governor Arnold Schwarzenegger before he left office. Perhaps due to the roughly 15 months lag time between the signing of this law and its New Year’s Day implementation, it has received very little public attention.

Added to the California Vehicle code as section 23579, this law authorizes the courts to revoke an individual’s driver’s license for a decade if he or she is convicted of DUI three or more times within a ten year period. Drivers who receive the ten year revocation can apply for reinstatement of their license after five years if an Ignition Interlock Device is installed in their vehicle.

According to Assemblyman Jerry Hill’s office, if every judge makes use of this new penalty in repeat offender DUI cases, this law could result in up to 10,000 California driver’s license revocations. The original version of this bill contained a provision that would have eliminated the 10 year look-back period in California’s DUI laws. This provision was removed by lawmakers after it was determined that eliminating that 10 year look-back period was impractical, as it would further tax an already burdened state corrections system.

While this new law is meant to target repeat DUI offenders, it may well have devastating affects on those who rely on the driver for financial support, those who employ the driver and those who depend upon the driver for transportation (i.e., children, spouses, and other family members.) This law is exceedingly harsh and will surely be used improperly by judges, who feel an obligation to satisfy the politically powerful MADD (Mothers Against Drunk Driving) groups.  While the law clearly states a judge has the power to revoke a multiple DUI offender’s driver’s license for a decade, the court is not obligated to do so unless the judge feels it is appropriate.  In other words, the judge will have discretion to impose such a severe penalty, or to not impose it. Unfortunately, many judges will act as though the law is mandatory and will not use their discretion to withhold such a penalty, for fear of looking “soft on crime”.

Losing driving privileges for ten years can have a big impact on a person’s quality of life, as well as that of their family.  In today’s world, the inability to drive can be a significant handicap, resulting in the loss of one’s job, career and social network.

Please do not let this happen to you. If you or a loved one has been accused of driving under the influence, Pasadena criminal defense and DUI attorney Ann Gottesman can help. We will aggressively fight your charges, represent you with the DMV, and do everything possible to protect your driving privileges and keep you out of jail.