Yesterday's post summarized newly passed California state law AB 91, which establishes pilot programs in Sacramento, Los Angeles, Alameda, and Tulare counties requiring people convicted of DUIs to have ignition interlock devices (IIDs) installed on their cars. Today's post explains why we think this new law should be challenged as unconstitutional. While we're sure that supporters of AB 91 are well intentioned and desire only to curtail drunk driving, we nonetheless believe that the law is a violation of the equal protection clause of the 14th Amendment.
Here is our argument: It is one thing for the state to set up general parameters for programs and then let localities decide for themselves the best means of implementation; it is another, and we think untenable, matter for the state to impose harsher penalties on the residents of four counties in the state and leave the penalties for residents of the rest of the counties unchanged. AB 91's IID requirement for Sacramento, Los Angeles, Alameda, and Tulare counties imposes just this sort of inequitable system. Calling it a pilot program doesn't justify or validate the uneven terms of punishment. What's to keep the legislature from passing a law mandating that people living in northern California automatically lose all driving privileges for 15 years after a first-time DUI conviction? Nothing except common sense (which the legislature often lacks) if AB 91 is allowed to stand.
Again, we support programs that reduce not just the number of DUI convictions but also the number of drunk drivers on the road, as long as those programs do not violate our rights granted by the U.S. Constitution. We see this law, no matter how well intentioned, as a violation of the 14th Amendment's promise of equal protection under the law.
We would rather see discretion left with the courts or even a statewide program that gives people convicted of DUI the option of having the IID installed on their vehicles in lieu of a license suspension. Many people lose their jobs when their driver's licenses are suspended as a result of a DUI conviction. The IID would be a good alternative that would keep people from driving while intoxicated, allow them to keep their jobs, and remain productive members of society.
Text of AB 91
