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Vehicle Code §23154 creates a separate offense for driving with a 0.01% BAC when you are still on probation for a prior DUI. While the offense is only an infraction in court, the DMV consequences are severe if you lose or don’t request a §23154 DMV Hearing (separate and on top of a §23152 Hearing, if applicable):


First Offense 0.01% or greater 1 year suspension Restricted not available
  Refusal 2 year revocation Restricted not available
Second Offense 0.01% or greater 1 year suspension Restricted not available
  Refusal 3 year revocation Restricted not available

Another change slightly increases the severity of a Wet Reckless; if you already have a Wet Reckless and you plead to another Wet Reckless within 10 years, the court must order that you complete a minimum 9 month alcohol program.

Beginning in July of 2010, all first time DUI offenders in Los Angeles, Alameda, Sacramento, and Tulare counties will be required to install an ignition interlocking device (IID). However, certain DUI offenders will be able to apply for a restricted license sooner than they would otherwise if they install IID. For example, a person convicted of a second DUI within 10 years is eligible for a restricted license after 90 days (as long as no longer on probation for the first DUI). These changes will remain in effect until 2016, when the legislature has the option of extending it further.

In Missouri v. McNeely, the U.S. Supreme Court ruled that unless a warrant is obtained, suspicion of drunk driving is not grounds in and of itself to perform a forced blood-draw from a non-consenting arrestee. The high Court said that under the 4th Amendment, police can only perform warrantless forced blood draws in an emergency or under exigent circumstances. The Court specifically stated that a person's BAC naturally dropping over time is not an exigent circumstance, which must be determined on a case-by-case basis and under the totality of the circumstances. In other words, if you refuse to submit to a blood test, under most circumstances police can no longer resort to a forced blood draw.

SB-1046 mandates that starting on January 1, 2019 a person convicted of a first DUI without injury is eligible to drive with no restrictions by installing IID for 6 months (among other requirements). If the person does not want to install IID, there are two options: 1) getting a 12-month restricted license (to and from work / alcohol program); or 2) not driving at all for 6 months. Previously only a restricted license was available for first offenders who want to drive. Additionally, those who lose the DMV Hearing can avoid the previously required 30-day hard suspension by installing IID.

Multiple offenders can drive only on a restricted license, but they can avoid the previously mandated suspension / revocation period by installing IID. A second DUI has a 1-year IID requirement; a third DUI has a 2-year IID requirement; a fourth DUI has a 3-year IID requirement. Note that multiple offenders may not wait out the suspension by not driving.

Installing IID prior to court conviction (ie. after losing or not requesting DMV Hearing) will result in credit being given for time installed.

Refusals are not eligible for the driving privileges offered by SB-1046, but those under 21 are.

SB-1046, which expires in 2026, does not affect those convicted of a Wet Reckless.


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