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New California Driving Laws for 2009

There are a number of new driving laws that took effect in California on January, 1, 2009, and being aware of these regulations can help you avoid the nuisance of a citation and more serious trouble with the law. If you should find yourself in need of an experienced defense attorney, you can contact a top California lawyer from NotDrunk.com at any time. Simply call 1-800-NOT-DRUNK to be connected to a knowledgeable California defense lawyer.

The new California law that everyone is talking about is the ban on texting while driving. Starting January 1, 2009, it's against the law to type, send or read electronic messages while behind the wheel. A violation of California's new text-messaging ban is punishable with a $20 fine for a first offense and a $50 fine for a repeat offense. However, California's "penalty assessments" will increase the total fine amount substantially.

Getting a ticket is never fun, but it's important to keep in mind that violating the texting-while-driving ban gives police probable cause to pull you over. A traffic stop for a relatively minor violation such as texting while driving can lead to a far more serious criminal charge such as DUI.

A second new California law will impact individuals on probation for DUI. California's new zero-tolerance law mandates that drivers on probation for DUI who are found driving under the influence of any measurable amount of alcohol will have their driver's licenses suspended.

Another new law impacts the use of ignition interlock devices, or IIDs, in drunk driving cases. Under the old law, the judge was directed to give "heightened consideration" to ordering an IID in DUI cases where the driver had a blood alcohol content (BAC) of .20 percent or greater. The judge must now apply that standard when the driver's BAC is .15 percent or greater.

California law now mandates that drivers who are convicted of DUI or alcohol-related reckless driving - also known as "wet-reckless" - must attend a nine-month alcohol-education program if they have a prior drunk driving or wet-reckless offense within the past 10 years.

Beginning in July, if you're caught driving with a suspended license because of a DUI conviction, you'll also be required to use an IID. At the same time, authority over ignition interlock devices will be transferred from the courts to the California Department of Motor Vehicles.