San Diego DUI Lawyers Blog
In California, a bill was introduced that would require all people with a second or subsequent drunk driving conviction to install an ignition interlock device, or IID, in their car, State Senator Jerry Hill announced on Friday, according to NBCSanDiego.com. According to the bill, a second conviction would require the installation and use of the IID for one year. Upon the third conviction, the IID would be required for two years. On a fourth or subsequent conviction, the defendant would be ordered to comply for three years.
An ignition interlock device is a machine that is installed in your car’s ignition. In order for your car to start, the driver must first blow into the machine. If no alcohol is detected, the car will start. If alcohol is detected, the car will not start. In addition, as the car is running, it requires additional breath samples with no alcohol detected to keep the car operational.
As of July 1, 2010, California began a pilot program for IID use. According to the pilot program, if the DUI violation occurred in Alameda, Los Angeles, Sacramento, or Tulare, California, the convicted is required to install an IID in all vehicles that s/he owns or operates, even on their first drunk driving offense, before applying for a restricted driver’s license. First time offenders must maintain the device for 5 months. Second time offenders must maintain the device for a year. Third time is 2 years and the fourth and subsequent offenders must comply for three years. (Note: This program is expected to expire on January 1st, 2016.)
Under the current law, if you are not in one of the above-referenced counties, such as San Diego, you usually will not be ordered to install an IID on a first driving under the influence conviction. However, courts do have discretion to order this and it “shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest.” (See California Vehicle Code Section 23575.) The court has discretion in ordering a term not to exceed three years from the date of conviction.
In a second or subsequent DUI conviction that involved alcohol not drugs, the defendant may shorten the license suspension or revocation by agreeing to install the IID.
Even if the court does not order the IID, the DMV is required to order the installation when a person is convicted of driving with a suspended or revoked license and that suspension or revocation is due to a prior DUI, California Vehicle Code Section 14601.2, 14601.4, or 14601.5.
The above blog article is by no means all-inclusive and is not legal advice. Laws may change and may not apply to your case. For the latest information or to get legal advice, speak to a DUI attorney in your area.
If you or someone you know has been charged with DUI, seek to hire a DUI defense attorney who exclusively deals with drunk driving matters. The Law Offices of Susan L. Hartman works to minimize the negative consequences of a DUI arrest. Call 619-260-1122 today or fill out the “Contact Us” form on this page for a free telephone consultation.