Under a new law, judges will have less discretion in the use of ignition interlock devices.
Ignition interlock devices, or IIDs, are small breathalyzers that attach to a steering column of a vehicle. These devices require a driver to provide an alcohol-free breath sample in order to start the vehicle, and then to continue to provide alcohol-free breath samples at random intervals as they drive.
In California, criminal court judges had discretion in ordering the installation of IIDs in driving under the influence (DUI) cases. Other than in one of the four counties listed below, a judge could choose to order the installation of an IID for up to three years based on the facts or the circumstances of a case. This often occurred when a driver had a history of driving under the influence, or there were indications that the driver had an alcohol abuse problem and would not comply with driving restrictions without the installation of an IID.
As a Riverside DUI defense attorney can explain, current California law mandates the installation of IIDs for all DUI offenders in Alameda, Los Angeles, Sacramento and Tulare counties. However, a new law set to take effect on January 1, 2019 will make the installation of IIDs mandatory for all California residents, even for first-time offenders. The IID pilot program for Alameda, Los Angeles, Sacramento and Tulare counties has also been extended until January 1, 2026. In addition, if a driver is convicted of driving under the influence, he or she will be able to apply for a restricted license without completing the terms of the license suspension or revocation by installing an IID. This portion of the law is also in effect until January 1, 2026.
So what does this mean for anyone charged with a DUI in Riverside or surrounding areas? Under this new law, it means that if you are convicted of a DUI, you will be required to install an ignition interlock device — even if it is your first-time offense. While this may be a positive outcome for some because it gives them the ability to obtain a restricted license immediately, it is an additional expense and may also be embarrassing for others.
If you have been charged with a DUI, a strong defense can help you avoid consequences such as having an IID installed on your vehicles. A Riverside DUI defense attorney can work with you to develop factual and legal defenses to the charges against you. This may include arguing that you were not actually under the influence when you were stopped, or that a blood or breath test was improperly performed and resulted in a false positive.
At the Chambers Law Firm, our team of legal professionals is highly skilled in helping clients who have been charged with DUIs. We aggressively defend our clients, putting our knowledge of the law and process to work to help them achieve the best possible outcome. To learn more or to schedule a free initial consultation, contact our office at 714-760-4088 or dchambers@clfca.com.
