Vehicles: driving under the influence.

Plain English Breakdown

The bill summary and digest text do not provide specific details on enforcement mechanisms or penalties for businesses that fail to comply with ID checks.

Driving Under the Influence: Alcohol Purchase Ban

This law would prohibit people convicted of driving under the influence from buying alcohol for up to ten years and require sellers to check IDs before selling drinks.

What This Bill Does

• Adds a rule that stops people who are caught driving drunk from buying alcohol for 3 to 10 years, depending on their case.
• Requires the Department of Motor Vehicles to put a special mark on driver's licenses or ID cards if someone is not allowed to buy alcohol.
• Makes it mandatory for businesses selling alcoholic drinks to ask for proof of age and check IDs carefully before serving alcohol.
• Says that selling drinks to someone who shouldn't be buying them because they have a special mark on their license is against the law.

Who It Names or Affects

• People caught driving under the influence of alcohol or drugs.
• Businesses that sell alcoholic drinks, like bars and restaurants.
• The Department of Motor Vehicles which issues driver's licenses and ID cards.

Terms To Know

Alcoholic Beverage Control Act

A set of rules about selling alcohol in California.

Designation

A special mark or note on a license that shows someone is not allowed to buy alcohol.

Limits and Unknowns

• The bill does not specify the exact duration it will take for the Department of Motor Vehicles to add new marks to licenses.
• It's unclear if local governments will need additional funding from the state to comply with this law.
• Penalties for businesses that do not check IDs properly are not detailed.

Official Summary Text

SB 1156, as amended, Caballero.
Alcoholic beverages:
Vehicles:
driving under the influence.
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, including a document issued by a federal, state, county, or municipal government, a valid passport, or a valid identification card issued to a member of the Armed Forces, as specified. Existing law provides that a licensee’s acceptance of one of these documents constitutes a defense to any prosecution or proceedings against the licensee, as
specified.
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 one 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 imposing a sentence for certain driving under the influence offenses to prohibit the person from purchasing alcohol for a period of 3 to 10
years and 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.
years.
The bill would require the court to consider certain factors in imposing the prohibition.
This bill would also require any person who sells or furnishes alcoholic beverages to request and review bona fide evidence of majority and identity, as defined, and would make a violation of this requirement a misdemeanor. The bill would also make the sale of an alcoholic beverage to an individual who provides the seller with an identification card or driver’s license displaying the described designation prohibiting the purchase of alcohol punishable as a misdemeanor.
Because the bill would create new crimes and 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

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