Driving under the influence: alcohol and marijuana.
The introduction of this bill changes the existing DUI laws under the California Vehicle Code by establishing a legal threshold for drivers who may be considered impaired even at lower levels of alcohol consumption when combined with other substances. Additionally, it implements a process that requires evidence of poor performance in field sobriety tests to establish probable cause for a chemical test. By doing so, it seeks to enhance road safety while also recognizing the nuances of impaired driving related to both alcohol and drugs.
Senate Bill 698, introduced by Senator Hill, addresses the issue of driving under the influence of alcohol and marijuana. The bill specifically makes it a crime for individuals to drive with a blood alcohol content (BAC) between 0.04% and 0.07% while also having any controlled substances or levels of delta-9-tetrahydrocannabinol (5 ng/ml or more) in their system. This legislation adds a new dimension to DUI laws, aiming to manage the complexities associated with driving impairment from multiple substances, especially in the context of increased marijuana usage following legalization in California.
The sentiment surrounding SB 698 appears to be mixed among legislators and advocacy groups. Proponents argue that setting a lower BAC limit helps to increase public safety by addressing the risks posed by drivers who might be impaired but not over the traditional legal limit of 0.08%. However, opponents express concerns that the bill could lead to increased prosecutions for individuals who may not be significantly impaired or may only have consumed small amounts of alcohol. There’s also a worry about the efficacy of field sobriety tests and their potential for subjectivity in enforcement.
Despite its goals of promoting safety, SB 698 has faced scrutiny regarding its potential implications for civil liberties and the fairness of DUI enforcement. Critics highlight that the law could inadvertently penalize responsible users of alcohol and marijuana, given the complexities of measuring impairment from substances that impact individuals differently. The bill’s requirement for field sobriety tests as a precursor to chemical testing could also lead to disparities in enforcement and raise questions about the adequacy of such tests in accurately assessing driver impairment.