Driving under the influence: alcoholic beverages.

Plain English Breakdown

The official summary does not specify the exact nature of the special mark or how it will be enforced by businesses.

Driving Under the Influence: Alcoholic Beverages

AB-1867 requires courts to prohibit individuals convicted of their third driving under the influence offense within ten years from buying alcohol for life and allows businesses to refuse service based on this designation.

What This Bill Does

• Requires a court to ban someone who gets three DUIs in ten years from buying alcohol for the rest of their life when sentenced to state prison.
• Tells the Department of Motor Vehicles (DMV) to put a special mark on driver’s licenses or ID cards if someone is banned from buying alcohol due to multiple DUI convictions.
• Allows businesses that sell alcohol to refuse service to anyone with this special mark on their license or ID card.

Who It Names or Affects

• People who get three driving under the influence (DUI) offenses within ten years will be affected by not being able to buy alcohol anymore when sentenced to state prison.
• Businesses that sell alcohol can choose not to serve people if they see a special mark on their driver’s license or ID card.

Terms To Know

Driving Under the Influence (DUI)

Operating a vehicle while under the influence of alcohol, drugs, or both.

Department of Motor Vehicles (DMV)

The state agency responsible for issuing driver’s licenses and ID cards.

Limits and Unknowns

• It is unclear how many people will be affected by this law.
• Local agencies might need to pay extra costs if the state requires them to do more work because of this bill.

Official Summary Text

AB 1867, as amended, Tangipa.
Driving under the
influence.
influence: alcoholic beverages.
Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, and the suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law makes the sale of an alcoholic beverage to a person under 21 years of age a misdemeanor and authorizes a licensee to refuse to sell or serve alcoholic beverages to a person who is unable to produce adequate proof of age.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Under existing law, if a person is convicted of a driving under the influence violation and the offense occurs within 10 years of 2 or more separate
driving under the influence violations that resulted in convictions, the offense is subject to escalating fines, suspensions, and other sanctions.
This bill would require a court, when sentencing an individual to a term of imprisonment to be served in state prison for a 3rd driving under the influence offense within a 10-year period to prohibit the individual from purchasing alcoholic beverages for life. The bill would require the Department of Motor Vehicles to issue an identification card or driver’s license with an appropriate designation on the face upon the receipt of an abstract of the record of a court. The bill would authorize a licensee to refuse to sell alcoholic beverages to an individual who provides the licensee with an identification card or driver’s license with such a designation.
To the extent it would require a higher level of service from court staff who are county employees, the bill would impose a
state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a
person who is under the influence of alcohol, drugs, or the combined influence of alcohol and drugs from operating a vehicle. Existing law prescribes specified punishments, including fines, incarceration in the county jail, and suspension of driving privileges, for a first conviction of this offense.
This bill would make a technical, nonsubstantive change to a related provision.

Current Bill Text

Download Bill PDF