Under existing law, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine, as specified, for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The United States Supreme Court, in Birchfield v. North Dakota (2016) 136 S.Ct. 2160, held that the Fourth Amendment to the United States Constitution permitted warrantless breath tests incident to arrests for drunk driving, but did not permit warrantless blood tests incident to arrests for drunk driving, and held that a motorist cannot be punished criminally for his or her refusal to submit to a blood test. The court held that administrative penalties could be imposed for a refusal to submit to a blood test for those purposes.
California AB 2717 (20172018) — Driving under the influence: blood tests.
Under existing law, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine, as specified, for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The United States Supreme Court, in Birchfield v. North Dakota (2016) 136 S.Ct. 2160, held that the Fourth Amendment to the United States Constitution permitted warrantless breath tests incident to arrests for drunk driving, but did not permit warrantless blood tests incident to arrests for drunk driving, and held that a motorist cannot be punished criminally for his or her refusal to submit to a blood test. The court held that administrative penalties could be imposed for a refusal to submit to a blood test for those purposes.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
3rd Reading AB2717 Lackey By Hill — 35–0 (pass) · upper
AB 2717 LACKEY Concurrence in Senate Amendments — 77–0 (pass) · lower
Do pass — 7–0 (pass) · upper
Do pass and be re-referred to the Committee on [Appropriations] — 16–0 (pass) · lower
Do pass. To Consent Calendar. — 16–0 (pass) · lower
AB 2717 LACKEY Consent Calendar Second Day — 73–0 (pass) · lower
Sponsors
Lackey — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2018-02-15 Read first time. To print. reading-1
2018-02-16 From printer. May be heard in committee March 18.
2018-03-22 Referred to Com. on B. & P. referral-committee
2018-04-17 From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 17). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
2018-05-08 From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. amendment-introduction, amendment-passage, reading-2, reading-1
2018-05-09 Re-referred to Com. on APPR. referral-committee
2018-05-09 From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9). committee-passage-favorable, committee-passage
2018-05-10 Read second time. Ordered to Consent Calendar. reading-2, reading-1
2018-05-17 Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5216.) reading-3, passage, reading-1
2018-05-17 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2018-05-30 Referred to Com. on GOV. & F. referral-committee
2018-06-13 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. amendment-passage, referral-committee, reading-2, reading-1, amendment-introduction
2018-06-14 Withdrawn from committee.
2018-06-14 Re-referred to Com. on RLS. referral-committee
2018-06-20 Re-referred to Com. on PUB. S. referral-committee
2018-06-26 From committee: Do pass. (Ayes 7. Noes 0.) (June 26). committee-passage-favorable, committee-passage
2018-06-27 Read second time. Ordered to third reading. reading-2, reading-1
2018-07-05 Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5109.). reading-3, passage, reading-1
2018-07-05 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.
2018-08-06 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6143.). committee-passage-favorable, amendment-passage
2018-08-09 Enrolled and presented to the Governor at 11:30 a.m.
2018-08-20 Approved by the Governor. executive-signature
2018-08-20 Chaptered by Secretary of State - Chapter 177, Statutes of 2018.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/53aa7562-a1fb-4f24-aafe-fa0bf606041b. Confidence: reported (aggregated from official California legislature records).