California's New DUI Law: Effective July 1st, 2010

California has a new DUI law that is effective as of July 1^st, 2010. At first glance, I thought this new law might become the answer to so many problems on the road that we face today due to the lack of good judgment on so many people's behalf's. But as I dove deeper, I realized this law will only become effective in a handful of counties in California, and the new punishments are somewhat questionable. Let's take a look at some of the facts that this new law will bring into effect.

As of July 1^st, 2010 California law requires that anyone convicted of a first offense DUI, in certain counties, must install an ignition interlock device in any and all vehicles owned or operated by that person for a period of no less than five months. This device prevents the starting of an engine unless an alcohol free breathe sample is first given. So basically, the law requires the driver to blow into the device, alcohol free of course, before their car will start. Under this new law if an offender receives a second DUI conviction, the device must be installed for twelve months. If you are persistent enough to receive a third conviction, you will be mandated to have this device installed for no less than twenty-four months on top of whatever punishment the courts have already given (i.e. suspension, or restriction of a driver's license).

So what's my problem you ask? Let me tell you... Why would the state of California bother putting a new law into effect that is only valid is SOME counties? Why not make it a mandated law for the entire state? Isn't that sort of like tying your right shoe and leaving your left undone for the world, and yourself to trip up on? Where is the effectiveness in that? Alright, for those of you who are aware of this new law and are stirring in your seats with disapproval of my point, I am aware that the counties that this law will effect make up for 40% of the approx. 200,000 DUI arrests a year. Yes, that is a huge amount. So kudos to California law makers, I understand that your hearts were in the right place. But why not make the law effective in the entire state?

Moving on to my next problem with this new law, everyone who is anyone with a pulse is aware of just how easy it is to fool one of these machines. No, I don't mean fool it in the way that you can mange to throw back a few drinks and still blow into this device and be graced with the ability to start your engine. What I mean is, why not have the passenger or your little sister, who is sitting in the back seat all strapped in and ready to go, blow into this ignition interlock device? Seriously, it doesn't detect your DNA or make you provide a finger print, so my question is... how does it know it is you and how does it know that the breathe sample it was given was actually that of the driver?

Last and final problem with the laws in regards to DUI's. Why in the world are we giving someone three chances for this offense? It's a fact, when someone drives under the influence it is affecting everyone's lives who share the road with that person, and it is only a matter of time before their car ends up smashed up against yours with your family inside! My solution, you get a second offense, you lose your license. Forever.

The counties in effect to this new law: Alameda, Los Angeles, Sacramento, and Tulare County.

Sources:

http://www.gagenmccoy.com/developments-of-interest/new-dui-laws-take-effect-july-1-2010

http://www.free-press-release.com/news-new-ca-law-to-take-effect-july-1-2010-1277153695.html

Candice Longshore