Monday, May 2, 2011

Early Reinstatement of License upon installation of Ignition Interlock Device for Second (2nd) California DUI within 10 years

To get an Early Reinstatement of a License to drive, within 90 days after a 2nd DUI (Vehicle Code section 23152) conviction, as long as you were not on DUI probation, as long as there was not a Refusal of chemical test and as long as no drugs were involved, you can be eligible if you enroll in a San Diego California alcohol program by calling:

(858) 467-6810 [Central San Diego]
(760) 752-5300 [North County]
(619)741-8147 [ East County] or
(619) 409-1780 [South County].

For a complete California statewide list of programs, go to http://www.adp.cahwnet.gov/Criminal_Justice/DUI/pdf/DUI_dir2007.pdf.

Inform them you should be eligible for a DMV Early Reinstatement of a License effective 90 days from the effective date of a suspension arising out of a conviction. *

Tell them you want a "DMV Referral or Early Reinstatement of License with IID Installation" until/unless you have court papers referring you to the program called a "Court Referral."

The DMV Notification of Findings and Decision issued after the hearing entitles you to such a DMV Referral or Early Reinstatement of License with IID Installation. If the program tells you that you first need the court papers and you don't have them for whatever reason, ask to speak with the Director of the program or the person's supervisor. You should also be able to use the original pink temporary in addition to the DMV decision. If they offer any resistance, let them know the State Licensing Board may want to know about a program which is unjustifiably denying enrollment.

These are new laws and many people at the program and DMV are confused. They may try to tell you to go to DMV and get an "H-6" driver record printout; you may ask if you can bring the pink temporary and/or the DMV decision.

If you have any questions about your eligibility, please call DMV's Mandatory Action Unit at (916) 657-6525.

After ninety days from conviction, once you are enrolled in the program, and have proof of that enrollment to take to DMV, you can get a restricted license as long as you also have contacted your insurance company who will electronically file an "SR-22" (proof of insurance certificate, not insurance id card), install an Ignition Interlock Device (IID), and as long as you pay the reissue fees to DMV.

An Ignition interlock device (IID) is a mechanism similar to a breathalyzer which is installed in a vehicle's dashboard. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is over a programed blood alcohol concentration the vehicle will not start.

To get an IID installed, simply contact Chick Richardson's reliable Advantage Interlock Company at clientcare@advantageinterlock.com or email Chick directly at crichardson@duipros.net with any questions.

Visit http://advantageinterlock.com/ for details. Or Call 1-800-961-4684.

Installation on a San Diego county vehicle is probably at 7740 COPLEY PARK PLACE, 92111. You may want to make sure you only have one vehicle in your name.**

Although there is some confusion in the Vehicle Code where it says: "To install on every vehicle the person owns or operates"**, according to Chick, both the police and DMV are only requiring one (1) proof of installation to satisfy either's requirement.

Usual Cost:
Installation: $25 for 95% of all cars some high end imports and push button start cars can/will cost more, case by case basis
Monthly monitoring: $75

To make a DMV appointment online for that day, visit https://eg.dmv.ca.gov/foa/clear.do?goTo=officeVisit.

So just call the program, the IID company, and the insurance company to do these things.

The program will send proof of enrollment to DMV.

Once you have the proof of enrollment and SR 22 in place, you just go to a local DMV field office and pay any reissue fees for the restricted license.

There are considerable delays between calling for an orientation appointment (so you can get proof of enrollment) and between getting proof of DMV receiving it.


More information on San Diego's Alcohol Program & the IID laws

The Program is the provider authorized by both the Court and DMV. If convicted in court and assigned a program as part of your probation, or if DMV sends you a decision suspending your license or driving privilege, you will be required to participate in the program.

Central District
9245 Sky Park Court, Suite 101
San Diego CA 92123
Phone: 858-467-6810
San Diego State University DUI Program
http://www.sdsuduip.com/


East County Accord
7474 El Cajon Blvd.,
La Mesa, CA 91941
619/741-8147(760) 752-5328


Metropolitan Area Advisory Committee MAAC
1355 Third Avenue
Chula Vista, CA 91911
Phone: 619-409-1780
MAAC Project
http://www.maacproject.org/

Occupational Health Services
1050 Los Vallecitos Blvd., Suite 109
San Marcos, CA 92069
Telephone: (760) 752-5300
http://dui-school.com/California/driving_schools/?id=992


IID

*CVC § 13352(a)(3) says:

The department shall advise *** the person that he or she may apply to the department for a restriction of the driving privilege, which may include credit for a suspension period served under subdivision (c) of Section 13353.3 (resulting from any DMV administrative per se hearing suspension) *** subject to the following conditions:

(A) Completion of 12 months of the suspension period, or completion of 90 days of the suspension period if the underlying conviction did not include the use of drugs as defined in Section 312 and the person was found to be only under the influence of an alcoholic beverage at the time of the violation."

...
(D) The person submits the 'Verification of Installation' form ...."

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

** Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.