san diego drunk driving attorney news

SACRAMENTO – Continuing his fight against drunk driving, Assemblyman John J. Benoit (R-Bermuda Dunes) today introduced Assembly Bill 2073, his public safety measure that increases penalties for DUI manslaughter and closes five loopholes that create inconsistent penalties for driving under the influence.

"With eight years of experience in DUI enforcement, making over 1,000 arrests, I have seen how taking the wheel while under the influence of alcohol or drugs creates daily tragedies in our communities," said Assemblyman Benoit. "The worst anguish is the loss of a loved one because of someone´s drunk driving. My bill creates stiffer penalties for DUI manslaughter, which is actually less severely punishable than causing great bodily injury. My bill is a significant public safety measure that will better protect drivers on California streets, highways, and harbors."

Benoit´s bill targets five areas in existing law that create inconsistent penalties:

Manslaughter: Under current law, an individual who drives a vehicle under the influence of alcohol or drugs and who causes a victim to suffer great bodily injury can receive a maximum sentence of 6 years in state prison. However, a person who drives a vehicle under the influence of alcohol or drugs and who causes a victim to be killed can receive a maximum sentence of only 4 years in state prison. AB 2073 resolves that disparity by increasing the maximum sentence to 6 years.

Repeat Offenders: AB 2073 makes any defendant with a prior felony DUI conviction ineligible for probation and adds a mandatory three years onto subsequent DUI convictions. This addresses the issue of repeat offenders, who – despite alcohol abuse education, fines, loss of driving privilege, and auto insurance penalties – continue to engage in criminally reckless behavior.


Boating: When someone is charged with boating under the influence (BUI), their prior DUI convictions can be used to enhance the penalty for the BUI charge; i.e. they are treated as a 2nd or 3rd offense. However, the converse is not true when dealing with someone that is charged with a DUI and has a prior BUI. AB 2073 makes a necessary amendment to allow prosecutors to enhance DUI charges if they have prior BUI convictions.

Blood Tests: Under current law, if a person is arrested for driving under the influence, the person has the choice of submitting to their choice of a blood, breath, or urine test. However, the quantifiable amount of drugs can not be determined in a urine sample. Removing a urine test as an option will assist the prosecution of drugged drivers.

Conforming BUI and DUI Statutes of Limitations: In 2004, the Legislature passed a bill that changed the statute of limitations for qualifying DUI priors from 7 years to 10 years. AB XXXX amends the Harbors and Navigation Code so that the statute of limitations for BUIs is similarly expanded to 10 years, reflecting the seriousness of DUI offenses and ensuring that repeat offenders receive the appropriate treatment and punishment.

Assemblyman Benoit has continued to make public safety his top legislative priority. Benoit introduced ten pieces of public safety legislation in 2007, with three: a bill that streamlines the process of taking criminal drivers off the road, a bill strengthening provisions of Benoit´s felony creation for street racing, and a new fine targeting illegal dumpers, being signed into law. Recently, his efforts in protecting public safety were recognized by the California State Sheriff´s Association, who named him an Outstanding Assemblymember of 2007.