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New Laws for 2009 - Driver License

Unless otherwise indicated, these new laws become effective on January 1, 2009.

Text Messaging

Amend and Add: Vehicle Code §§ 12810.3and 23123.5 (SB 28 Chapter No. 270)

  • This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.

DUI Probation License Suspension

Amend and Add: Vehicle Code §§ 13353.1, 13353.2, 13389, 22651, 23154, 42009, and 42010 (AB 1165 Chapter No. 749)

  • A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

Ignition Interlock Devices (IID)

Amend and Add: Vehicle Code §§ 23575 and 23575.1 (AB 1190 Chapter No. 392)

  • This new law reduces the BAC from .20 percent to .15 percent or more at the time of arrest to trigger a requirement for the court to give heightened consideration for the installation of an IID for a first-time offender convicted of DUI of an alcoholic beverage.

Ignition Interlock Devices (IID) — Operative July 1, 2009

Amend and Add: Vehicle Code §§ 14601.2, 14601.4, 14601.5, and 23573 (SB1388 Chapter No. 1388)

  • This new law transfers authority for the administration of mandatory IID programs from the state courts to the Department of Motor Vehicles (DMV). This law also authorizes the DMV to require any driver convicted of driving with a suspended license due to a prior conviction for DUI to install an IID in any vehicle that the offender owns or operates.