Ignition Interlock Device Statewide Program: 2nd or 3rd DUI
New California laws that took effect July 1, 2010, introduce the possibility of having an Ignition Interlock Device (IID) installed in a vehicle in exchange for a shorter license suspension period. With an IID a car will not start unless the driver blows into a device that confirms that no alcohol is present in the breath. One law, described below, is in effect throughout the state and gives someone with a 2nd or 3rd drunk driving conviction the option of getting a shortened license suspension in exchange for having an Ignition Interlock Device installed. The other new law sets up 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. [Note: As of January 1, 2012, a person with three or more drunk driving convictions within 10 years can have his/her license suspended for up to 10 years at the judge's discretion.]
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.