Thursday, July 1, 2010

The Latest on California DUI Laws & Amendments - Ignition Interlock Device & Restricted License

California DUI criminal defense attorneys share this excellent summary of (1) California's new IID Restricted License amendments and (2) the mandatory Ignition Interlock Device IID program, from Barry Simons & Paul Burglin, authors of California Drunk Driving Law:

New IID Restricted License Laws - SB 598 and 895 (effective July 1, 2010)

CVC § 13352(a)(3) = IID restricted license available to second-time offenders convicted of 23152(a) or (b) after 90 days, unless defendant was found by Court to be under the influence of a drug. Credit given for APS suspension time.

CVC § 13352.5 = Work-related restricted license continues to be available to second-time offenders after 12 months, but IID restricted license now available after just 90 days.

CVC § 13352(a)(5) = IID restricted license available to third-time offenders convicted of 23152(a) or (b) after 6 months, unless defendant was found by Court to be under the influence of a drug. Credit given for APS suspension time.

CVC § 13353.3(2)(B) = APS suspension for multiple offenders administratively suspended for excessive BAC, who are also convicted of a CVC § 23152 offense arising out of the same incident, may have APS suspension terminated if IID restricted license obtained pursuant to 13352(a)(3) or (5).

See text at this blog twitted on June 19th, 2010.

Questions That Remain Unclarified By These Amendments:

1. Will the law be applied retroactively to persons convicted before July 1, 2010? [The latest information we have is that it is going to be applied prosectively only.*]

2. Will persons suffering an excessive BAC one-year suspension, but who are not also convicted of a CVC § 23152 offense arising out of the same incident, be allowed to terminate the APS suspension with installation of an IID? [The written law does not provide for it, but a denial of it lacks a rational basis and leads to an absurd result.]

3. Will the DMV continue to impose a license suspension/revocation for second and third time offenders convicted of drug-related CVC § 23152 convictions, even though CVC § 13352(a)(3) and (5) have been amended to only trigger a suspension or revocation for alcohol-only CVC § 23152 offenses?


Independent Mandatory IID Pilot Program For Persons Convicted In Alameda, Los Angeles, Sacramento, and Tulare Counties (effective July 1, 2010):

CVC § 23700 requires the DMV to maintain a pilot program from July 1, 2010 through January 1, 2016 in Alameda, Los Angeles, Sacramento, and Tulare counties, requiring ignition interlock devices for all vehicles owned or operated by DUI offenders. The duration period for the device is as follows:

CVC § 23152 conviction CVC § 23153 conviction

First offense 5 months 12 months

Second offense 12 months 24 months

Third offense 24 months 36 months

Fourth or more offense 36 months 48 months

These IID Orders are to be issued and monitored by the DMV upon receipt of the abstract of conviction, and verification is required before a driver's license may be issued, reissued, or returned to the licensee after a suspension or revocation of that person's driving privilege. CVC § 23700(a)(3). Actual operation of this new statute is subject to funding approval which has apparently been provided by the federal Office of Transportation.

There are a number of exemptions that defendants may seek with the DMV within 30 days of receiving its IID Order. See CVC § 23700(a)(8) for the complete list. IID devices are not required for motorcycles, but those subject to the IID requirement may not operate their motorcycle during the IID restriction period. CVC § 23700(e).

These IID requirements should only apply to convictions with violation dates July 1, 2010, or later, but it remains to be seen if the DMV will attempt to apply it to all convictions in these counties suffered July 1, 2010, or later, regardless of the violation date.*



* For a full discussion on ex post facto law pertaining to both increased and decreased punishment for criminal offenses resulting in convictions, visit California Drunk Driving Law (Kuwatch, Burglin & Simons) at section 10:56 et seq.

For other California DUI criminal defense lawyer information and articles, visit this site.