REVISION 15 HIGHLIGHTS

The 2019 revision of California Drunk Driving Law by Paul Burglin and Barry Simons discusses important developments in California case law and statutes, including substantive changes that took effect on January 1, 2019:

• California Interlock Ignition Law. How to tackle the complex rules governing mandatory ignition interlock device installation in the vehicles of some offenders (§§10:24, 10:29)
• Mental health diversion for both misdemeanors and felonies for persons suffering from a mental health disorder (§3:55.2)
• Restricted license eligibility on APS suspension. Restricted license options and eligibility for certain individuals as exceptions to the APS suspension law (§11:13)

Updates were made and additional insights were added to the following sections:

Chapter 1 Drunk Driving Offenses

• 1:14 VC §23152(d), (e) Commercial and “Passenger for Hire” 0.04% Per Se
• 1:35 Lesser Related vs. Lesser Included Offense of Murder

 Chapter 2 Additional Charges

• 2:51.2 “Willful or Wanton Disregard”
• 2:74 Civil Compromise
• 2:91 Vehicular Manslaughter

Chapter 3 Arraignment and Pretrial Matters

• 3:55.1 Military Misdemeanor Diversion
• 3:55.2 Mental Health Diversion
• 3:58.5 Right to Be Sentenced by Judge Who Took Plea (Arbuckle)

 Chapter 4 Prior Convictions of Separate Offenses

• 4:24.12 Out-of-State Conviction

Chapter 6

• 6:20 Speedy Trial Rights and Continuances

Chapter 7

• 7:66.5(b)(iv) No Implied Consent in Drunk Boating Cases
• 7:67 Place and Manner of Drawing Blood Must Be Medically Reasonable

 Chapter 9 Trial Defense of DUI in California

• 9:06 Prosecution Jury Selection Notes Discoverable in Batson/Wheeler Challenge
• 9:13.2 Waiver of Right to Jury Trial
• 9:93.3(a) Refusal to Deliberate
• 9:99.5 Defense Counsel Cannot Concede Guilt or Facts Contrary to Defendant’s Directions

 Chapter 10 Punishment

• 10:23 Punishment for DUI – Figure 10-1.1 Current DUI Punishment Chart (offense dates January 1, 2019, and later)
• 10:24(a) First Offense VC §23152 Conviction
• 10:25.2 Modification of Probation Terms
• 10:29.2 IID for §§23152 and 23153 Convictions
• 10:29.3 Court Conviction No Longer Needed for Early Termination of One-Year APS Suspension
• 10:111.7 Motion to Vacate Plea PC §1473.7 (Immigration Consequences)

Chapter 11 DMV Proceedings

• 11:11.1 Diversion Does Not Preclude APS Action
• 11:13.5 Ground for Denial or Termination of Restricted License

Chapter 12 Criminal Appeals and Civil Writs

• 12:14.3 Waiving Right to Appeal “Generally” Bars Appeal