Wednesday, May 26, 2010

Ignition Interlock Update (AB 91) for second offender California DUI convictions for any drunk driving arrest after 7/1/10

California DUI criminal defense attorneys are aware that AB 91 bill starts July 1, 2010.

* The funding was supplied by a grant from Office of Traffic Safety (OTS)
* Only persons whose violation occurs on or after 7/1/10 will be subjected to this program.
* It is NOT a court program. DMV acts once the person is convicted of a DUI, 23152 and 23153 and that information subsequently reaches DMV.

(1) The Department of Motor Vehicles, upon receipt of the court’s abstract

conviction for a violation listed in paragraph (7), shall inform the convicted

person of the requirements of this section, including the term for which the

person is required to have a certified ignition interlock device installed. The

records of the department shall reflect the mandatory use of the device for

the term required and the time when the device is required to be installed

by this code

(2) The department shall advise the person that installation of an ignition

interlock device on a vehicle does not allow the person to drive without a

valid driver’s license.

(3) Before a driver’s license may be issued, reissued, or returned to a

person after a suspension or revocation of that person’s driving privilege

that requires the installation of an ignition interlock device, a person who

is notified by the department pursuant to paragraph (1) shall complete all

of the following:...etc."

There are practical exemptions, i.e. No car, not smart, etc.

SB 598 and clean up bill SB 895 (HUFF)

As everyone knows 598 is law, but DMV's interpretation was, only persons who prevailed at the hearing would be able to exercise this option. When brought up, the Author introduced SB 895 to clean up the mistakes.

There is an Urgent clause that means when it passes it goes into effect immediately.

It has passed through the Senate and is in House side. If and when it passed and the Governor signs it the original intent of SB 598 will go into effect.

Unfortunately, only California people who get their DUI on or after 7/1/10 will be able to use this option.