DUI FAQs (page 4)
- What is an Ignition Interlock Device (IID)?
- Will I Have to Install an Ignition Interlock Device on My Vehicle if I am Convicted of a DUI?
- How Much Does Installation of an Ignition Interlock Device Cost?
- What is a “Wet Reckless”?
- What are the DUI Rules for Lyft and Uber Drivers?
- What are Traffic Checkpoints?
- Will I be Told of My Miranda Rights When Being Questioned at a Traffic Checkpoint?
What is an Ignition Interlock Device (IID)?
An Ignition Interlock Device (IID) is a mechanism that can be installed in vehicles to prevent someone from driving while under the influence of alcohol. With an IID, the driver must blow into a tube before starting the vehicle. If any alcohol is detected on the driver’s breath, the vehicle will not start.
That all depends on which county the incident occurs in. Through 2018, if the arrest takes place in Sacramento County then you must have an Ignition Interlock Device (IID) installed in your vehicle. The amount of time that you must keep the IID installed depends on the details of the incident for which you were arrested and any prior convictions you might have. In general, if this is your first DUI and the incident did not involve any injuries, then the IID must be installed for five months. A second DUI within the last ten years means that the device will have to be installed for a year, a third DUI within ten years means a two year installation, and a fourth DUI within ten years means a three year installation. Conviction for driving under the influence that involves any injuries results in installations of a year for a first DUI, two years for a second, three years for a third, and four years for fourth. Beginning in 2019, the Ignition Interlock Device program will be in effect throughout all of California. As an experienced DUI defense attorney, I can provide you with quality legal representation if you are facing DUI charges in the counties of the Sacramento region. Call me at 916-442-1200 to discuss your case.
Costs can vary but often are about $2.50 per day. Installation fees can run about $75 to $100 dollars. The cost of installation must be paid by the person convicted of DUI. An IID must be installed on all vehicles the convicted person owns or drives, though this rule is waived for employer-supplied vehicles. People who lack the money to pay for installation can be eligible for reduced fees.
Under Vehicle Code 23103.5, it is illegal in California to drive in a reckless manner after drinking alcohol. For some DUI arrests, it is possible to negotiate with the District Attorney’s Office to change DUI charges to wet reckless charges. A wet reckless has many advantages over a conviction for DUI, such as shorter jail terms, smaller fines, and, most significantly, no driver license suspension. Though there are some possible downsides - such as the fact that a wet reckless can be categorized as a prior driving under the influence conviction if you are convicted of a DUI within the next ten years, potential suspension of your license as a result of the DMV Admin Per Se hearing process, and a possible increase in your insurance rates - a wet reckless can still be a good option for certain cases.
California law now has particular rules for Lyft and Uber drivers or any other drivers who work for other “transportation network companies.” One important regulation is that if you have a conviction for DUI then you are prohibited from driving for Lyft or Uber. Another regulation is that for Lyft and Uber drivers the standard for driving under the influence is a blood alcohol content (BAC) of 0.04%, which is half of the normal standard of 0.08%.
Sheriff, police, and CHP officers will often set up traffic checkpoints to check for a valid driver license and to check for signs of driving under the influence. These usually take place during the evenings or late hours on weekend nights and around holidays like the Fourth of July, Labor Day, Thanksgiving, and New Year’s Day. Cars on a well traveled street will be funneled through a lane at which the police, sheriff, or CHP officers will ask to see a driver’s license. If the license is valid and current and there are no signs of alcohol or drug use, the car will be waived along. However, drivers who are without a valid and current license or who show signs of alcohol or drug use will be told to move their vehicles to an area off the main road where they will be asked questions and, if necessary, told to perform field sobriety tests.
The Miranda warning - in which you are told that anything you say can be used against you and that you have the right to hire a criminal lawyer - is only read if police have determined that they are going to arrest you. Until that point, though, the police can ask questions as part of their preliminary investigation in determining whether enough evidence exists to indicate that a law has been violated. Therefore it is always advisable to keep in mind that whatever you say to the police can be used by the District Attorney’s Office as part of their effort to convict you. At all times you have the constitutional right to talk to a defense attorney.