SACRAMENTO – Assemblywoman Nicole Parra (D-Hanford) announced that Governor Schwarzenegger has signed AB 808.  Assemblymember Todd Spitzer (R-Orange) was a principal co-sponsor.  Assemblymember Spitzer’s former Chief of Staff was killed by a drunk driver in 2006.  The bill moved easily through the State Legislature with bi-partisan support.

 “In 2004, I authored AB 2173 which required the court to advise a person convicted of a DUI offense that driving under the influence is dangerous and could result in the charge of murder if someone is killed.  Requiring this advisory statement makes it easier for prosecutors to prove implied malice, a necessary element of second degree murder, when a DUI offense results in a fatality,” said Parra.

“I introduced AB 808 to build on the success of AB 2173.  Implied consent will provide prosecutors irrefutable evidence in court, in the form of a signed document, that a defendant knew the dangers of drinking and driving and drove while intoxicated anyway,” added Assemblymember Parra.

This bill would require each person getting a driver’s license to sign a statement indicating they know driving under the influence of drugs or alcohol is dangerous and could result in death.  If they choose to drive while intoxicated anyway and kill a person in the process, this bill would allow prosecutors to prove they acted maliciously and not just recklessly.

Supporters of AB 808 include the California Highway Patrol and the California District Attorneys Association.  Statistics demonstrate the unfortunate number of drunk drivers.  Last year, the California Highway Patrol made 94,250 DUI arrests.  Of those arrests, 13,765 were in the Central Valley, including 5,024 DUI arrests in Kern County alone. 

 “I appreciate Assemblymember Parra’s leadership and efforts in successfully introducing and passing this important public safety bill,” said Carla Pearson of Bakersfield.  “My son, Adam, was killed by a drunk driver.  Hopefully, AB 808 will keep drunk drivers from getting behind the wheel, and save other families from this needless tragedy.”

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