IGNITION INTERLOCK DEVICE CHANGES 2010; by JOSHUA DALE
The new ignition interlock scheme that changed DUI laws on July 1, 2010 shouldn't phase any of us. One of the laws helps our multiple DUI offenders, the other hurts any DUI offenders in only four counties - Alameda, Los Angeles, Sacramento, and Tulare.
AB 91 - Pilot Project IID Requirements
The new "Pilot Program" comes from AB 91. The act amended Sections 13386 and 23576 of, and added and repealed Chapter 5 (commencing with Section 23700) of Division 11.5 of, the Vehicle Code, relating to vehicles. It is an experiement lasting until January 1, 2016 when DMV must report on the effectiveness of this scheme.
All DUI convictions after July 1, 2010 cause notice to be sent to offenders from the DMV notifiying them they must install the interlock device for a period of time. All first time and repeat violators of California Vehicle Code 23152 or 23153 are included. Note that this doesn't include dry or wet reckless.
First offenders will receive a 5 month IID requirement. Second offenders a 12 month requirement. Third offenders a 24 months requirement and fourth offenders 36 months. 23153 convictions require more time.
Persons are exempt of the requirement if within 30 days of notice by the DMV, the person certifies no ownership of a vehicle, no access to a vehicle at his or her residense, acknowledgement of licensing, IID requirements, and requirements if situation changes. Motorcycles are not included at this time.
In order to grasp all the ramifications of the new ignition interlock experiment law read it at http://www.leginfo.ca.gov/calaw.html - public defenders should pay particular attention to the sliding scale fees that low income persons will pay. It is based on the Federal Poverty Levels.
Note also, that the judge does nothing in sentencing - this is all handled at the Department of Motor Vehicles depending on from what court the abstract comes from.
SB 598 and SB 895 - Multiple Offender IID Benefits
SB 598 amended Sections 13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566, and 23568 of the Vehicle Code, relating to vehicles. SB 895 amended Sections 13352.5, 13353.3, and 23247 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately on July 1, 2010.
These two pieces of legislation confer to multiple offenders the possibility of a restricted license after a shorter amount of time regardless of the DMV administrative per se suspension. Again, this happens at the DMV and has nothing to do with the judge unless the judge has prohibilted a restricted license to the defendant. Here's how it works.
A convicted second offender can apply for a restricted license after 90 days suspension - A convicted third offender can apply for a restricted license after 6 months suspension - A convicted fourth offender can apply for a restricted license after 12 months suspension. Several of the new provisions of 13352 apply to persons convicted of 23153 too.
The secret to getting the administrative per se DMV suspension credited and/or terminated is written into subdivision (c) of Section 13353.3. In each offender's case, he or she must have insurance (SR-22), be in the proper class for the correct amount of time (and stay in the class), have proof of the IID installed in the right vehicle, and pay the fees demanded by the DMV.
The length of how long they must keep the IID is found in California Vehicle Code Section 23575(f). The restriction shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements in Section 13352 are met.
Finally, pursuant to Section 23620, a violation of Habor and Navigations Code 655 is included in 13352's legislative changes making this count as a separate offense in calculating length of IID required.
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