Friday, July 9, 2010

Summary of California's new DUI Ignition Interlock Laws for both first and multiple drunk driving offenders seeking attorney assistance, DMV memo

July 1, 2010: The recent ignition interlock device (IID) law benefits to California's multiple DUI offenders, while the other major change only adversely affects California DUI offenders in these 4 counties: Alameda, Los Angeles, Sacramento, and Tulare.

First, here's the latest California DUI laws that benefits the Multiple Offender clients of California DUI criminal defense attorneys:

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 2 California DUI IID laws give multiple offenders the possibility of a restricted license after a shorter amount of time regardless of the DMV administrative per se suspension.

This comes from the DMV; it has nothing to do with the California DUI criminal court unless the California DUI judge has specifically prohibited a restricted license to the California DUI defendant.

What to do:

A convicted California DUI second offender can apply for a restricted license after 90 days suspension.

A convicted California DUI third offender can apply for a restricted license after 6 months suspension.

A convicted California DUI fourth offender can apply for a restricted license after 12 months suspension.

Several of the new California DUI provisions of 13352 apply to California DUI probationers convicted of California Vehicle Code Section 23153 too.

The key is to make sure the California DUI administrative per se DMV suspension credited and/or terminated is written into subdivision (c) of Section 13353.3. In each California DUI offender's case, he or she must have insurance (SR-22), be in the proper California DUI class for the correct amount of time (and remain in the class), have proof of the IID installed in the right vehicle, and pay the fees demanded by the DMV.

How long a California DUI probationer must keep the IID is found in California Vehicle Code Section 23575(f). The California DUI 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.

California Vehicle Code section 13353.3c states:

If a person's privilege to operate a motor vehicle is
suspended pursuant to Section 13353.2 and the person is convicted of
a violation of Section 23152 or 23153, including, but not limited to,
a violation described in Section 23620, arising out of the same
occurrence, both the suspension under Section 13353.2 and the
suspension or revocation under Section 13352 shall be imposed, except
that the periods of suspension or revocation shall run concurrently,
and the total period of suspension or revocation shall not exceed
the longer of the two suspension or revocation periods.

Under California Vehicle Code Section 23620, a violation of Harbor and Navigations Code 655 (Boating under the influence of alcohol or Boating with a BAC of .08% or more) is included in California Vehicle Code section 13352's legislative changes making this count as a separate offense in calculating length of IID required.


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 experiment lasting until January 1, 2016 when DMV must report on the effectiveness of this California DUI scheme.

All DUI convictions after July 1, 2010 cause notice to be sent to California DUI offenders from the DMV notifying 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 reductions from a California DUI to violations for dry or wet reckless VC 23103 or 23103.5

First California DUI offenders will receive a 5 month IID requirement.
Second California DUI offenders a 12 month requirement.
Third California DUI offenders a 24 months requirement.
Fourth California DUI offenders 36 months.
California Vehicle Code Section 23153 drunk driving convictions require more time.

California DUI probationers 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 residence, acknowledgement of licensing, IID requirements, and requirements if situation changes. Motorcycles are not included at this time.

This California DUI ignition interlock experiment law can be read at http://www.leginfo.ca.gov/calaw.html. California 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.

California DUI judges do nothing in sentencing because the Department of Motor Vehicles handles everything depending on from what county court the abstract comes from.

Here's DMV's latest memo on the changes:

Occupational Licensing Industry News OLIN 2010–08
DMV Ignition Interlock Device Pilot Program
New Legislation New legislation requires the Department of Motor Vehicles (DMV) to conduct an Ignition Interlock Device (IID) pilot program in Alameda, Los Angeles, Sacramento, and Tulare Counties from July 1, 2010, through December 31, 2015.
Individuals convicted of driving under the influence (DUI) under Vehicle Code (VC) §§23152, 23153, or Penal Code (PC) §191.5(b) in one of the four pilot counties must install a certified IID on any vehicle that he/she owns or operates, before a driver license can be issued, reissued, or the driving privilege reinstated. The IID requirement is determined if the conviction occurs in one of the four pilot counties; not the driver’s county of residence.
Requirements
Effective July 1, 2010, customers required to install an IID pursuant to VC §23700 must submit a Department of Motor Vehicles Ordered Verification of Ignition Interlock (DL 924 REV. 7/2010) form (see attachment).
• Individuals convicted of violating VC §§23152 or 23153, or PC §191.5(b) in one of the four pilot counties may go to any IID installer (even if outside the county of conviction) for IID installation.
IID Installation Exemption A person may request an exemption from the requirement to install an IID, by completing the Exemption for Ignition Interlock Device (DL 4055B) form within 30 days of being notified by the DMV. The DL 4055B may be submitted to any DMV field office or mailed directly to the Driver Safety Mandatory Actions Unit at:
Department of Motor Vehicles
Driver Safety Mandatory Actions Unit, MS J233
PO Box 942890
Sacramento, CA 94290-0001
Individuals who qualify for an exemption are not required to pay the $45
Administrative Service Fee (ASF).
2010 State of California, Department of Motor Vehicles. All rights reserved. Visit our Web Site—dmv.ca.gov.

Income is at… Customer pays… IID provider…
100 percent or below the
federal poverty level
10 percent of the cost of
the IID installation
absorbs the cost of the IID
installation that is not paid by
101 to 200 percent of the the customer.
federal poverty level
25 percent of the cost of
the IID installation
201 to 300 percent of the
federal poverty level
50 percent of the cost of
the IID installation
OLIN 2010-08
Page 2
IID Low Income Installation Fees
The law requires DMV—certified IID manufacturers and its agents to adopt the fee schedule below for DUI customers in the pilot counties only, whose income level is below the federal poverty level as follows:
For customers who qualify for the adjusted fee schedule, income is verified by three months of income statements or federal income tax returns. Customers not eligible for the federal poverty income level are responsible for 100 percent of the cost of the IID installation.
NOTE: The federal poverty guidelines are updated by the United States Department of Health and Human Services, and are available at: aspe.hhs.gov/poverty/09fedreg.shtml.
Background Effective July 1, 2010, legislation requires first/multiple DUI offenders convicted in one of the four pilot counties to install an IID on any vehicle he/she owns or operates and maintains the IID for a specified period of time. The customer must pay a $45 ASF and meet all other reinstatement requirements before a driver license can be issued/reissued.
Effective July 1, 2009, VC §23573 requires proof of IID installation (DL 924) and payment of a $40 ASF, when an individual is suspended or revoked with a prior DUI conviction under VC §§14601.2, 14601.4, or 14601.5.
Reference
Code of Regulations
Penal Code §191.5(b)
Vehicle Code §§14601.2, 14601.4, or 14601.5, or 23152, 23153, or
23575, 23700
Health & Safety Code §127400
United States Code Title 42 subsection (2) §9902
OLIN 2010-08
Page 3
Contact
IID installers may contact the Driver Safety Mandatory Actions Unit (DSMAU) at
(916) 657-6525 for information regarding this pilot program.
IID installers with questions regarding the IID installation fees may contact Judy Perez in the Occupational Licensing Branch at (916) 229-3346.
Distribution Notification that this memo is available online at dmv.ca.gov/pubs/olin/olin.htm, as notified via E‐mail Alert Service in June 2010 to the following:
• Ignition Interlock Device Program Providers
MARY GARCIA, Chief Occupational Licensing
Attachment (1)
Attachment 1 front
OLIN 2010-08
Page 4
Attachment 1 back
OLIN 2010-08 Page 5