IGNITION INTERLOCK DEVICES

New California laws that took effect July 1, 2010, change the penalties faced by motorists convicted of DUI. These laws involve the use of Ignition Interlock Devices (IID), which require people to blow into an alcohol detection device that prevents the vehicle from starting if any alcohol is present in the breath. One law, detailed below, applies statewide and gives people convicted of 2nd or 3rd DUIs the option of installing IIDs in exchange for shorter license suspensions. The other new law establishes a test program in four counties (including Sacramento) and requires the installation of IIDs for all DUI convictions. Click here for details on that law.

2nd or 3rd DUI: Optional Installation of IID for shorter license suspension

Vehicle Code 13352 has been amended to reflect the requirements of SB 598 and SB 895, passed by the legislature and governor last year and effective as of July 1, 2010. Specifically, the Vehicle Code now allows people convicted of a second or third DUI the option of obtaining a restricted license sooner if they install Ignition Interlock Devices on their vehicles. (A restricted license allows a person to drive in the course of employment and to and from alcohol eduction classes.)

• VC 13352(a)(3) states that a second DUI within a 10 year period results in a mandatory two-year suspension of driving privileges. However, a restricted license may now be obtained after serving 90 days of the license suspension in exchange for having IIDs installed on the convicted person's vehicles.
• VC 13352(a)(5) states that a third DUI within a 10 year period results in a mandatory three-year suspension of driving privileges. However, a restricted license may now be obtained after serving six months of the license suspension if IIDs are installed. [Be aware that as of January 1, 2012, judges have the discretion to suspend driving privileges for up to 10 years for people convicted of three or more DUIs within a 10 year period (AB 1601).]
  

It's important to keep in mind that penalties - including the period of license suspension - can increase if the DUI involves reckless driving, drugs, injuries, or other enhancements.

Program Requirements

To qualify for obtaining a restricted license under these new laws, the driver must satisfy the following requirements:

• Proof of enrollment in an 18 month or 30 month driving-under-the influence program;
• Continued satisfactory participation in the program;
• Proof of installation of an ignition interlock device;
• Proof of insurance;
• Payment of all fees;
• Payment of all administrative costs associated with the new law's provisions.

The DMV, in a document titled Occupational Licensing Industry News 2010-10, has stated that this new program will be available only to people arrested on or after July 1, 2010. I will monitor this to see if there are any changes to this policy.

Free and Confidential Consultation

If you have questions about these DUI laws, or other issues related to driving under the influence, call me at (916) 442-1200 for a free and confidential consultation.