Two new California laws involving Ignition Interlock Devices (IIDs) change the penalties faced by motorists convicted of DUI. One is a test program in four counties (including Sacramento) and requires the installation of IIDs. The other is statewide and allows people convicted of DUI the option of installing IIDs in exchange for shorter license suspensions. IIDs require that people blow into an alcohol detection device that prevents the vehicle from starting if any alcohol is detected.
AB 91: TEST PROGRAM REQUIRING IGNITION INTERLOCK DEVICES FOR DUI CONVICTIONS
Assembly Bill 91 establishes pilot programs in Sacramento, Los Angeles, Alameda, and Tulare counties requiring all people convicted of DUI to install Ignition Interlock Devices (IIDs) on their vehicles beginning July 1, 2010. This test program runs through January 1, 2016, unless it is reauthorized, and possibly extended statewide, by the legislature and governor.
Under this new law, people convicted of driving under the influence (California Vehicle Code 23152) in these four test counties must install IIDs on all vehicles they use. The required period of installation depends on whether the driver has prior DUIs:
- First Offense – 5 months
- Second Offense – 12 months
- Third Offense – 24 months
- Fourth Offense – 36 months
People convicted of DUI involving injury to another person (California Vehicle Code 23153) must install IIDs on all vehicles they use for these periods of time:
- First Offense – 12 months
- Second Offense – 24 months
- Third Offense – 36 months
- Fourth Offense – 48 months
AB 91 does provide an exemption for people who drive vehicles owned by their employers. With court approval, an employer might not be required to install IIDs on company vehicles if the employee notifies the company that his/her driving privilege has been restricted.
SB 598: STATEWIDE PROGRAM ALLOWING OPTIONAL INSTALLATION OF IGNITION INTERLOCK DEVICES IN EXCHANGE FOR SHORTER LICENSE SUSPENSIONS
Senate Bill 598 also takes effect July 1, but unlike AB 91 it will be enforced throughout California. It allows people convicted of a 2nd or 3rd DUI to have shorter driver’s license suspension terms if they install IIDs on their vehicles. Under current law, a second DUI results in a mandatory one-year suspension of driving privileges, while a third DUI results in a mandatory two-year suspension. Under the new law, a restricted license could be obtained 90 days after a second DUI and six months after a third DUI if the convicted driver agrees to have IIDs installed on his/her vehicles. A restricted license allows a person to drive in the course of employment and to and from alcohol eduction classes.
