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Passage of SB 1046 expands DUI Ignition Interlock Device pilot program

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In September 2016, Governor Jerry Brown signed into law SB 1046 which expanded a pilot program affecting DUI offenders statewide. The pilot program extended the use Ignition Interlock Devices (IID) in Los Angeles, Sacramento, Alameda and Tulare counties for DUI offenders in order to get a restricted driver’s license or to reinstate their license. The law also removes the required suspension time before a person can get a restricted license if the offender installs an IID on their vehicle.

Driving Under the Influence IID Pilot program to expand statewide in 2019

According to recent statistics, more than 1,000 people die and more than 20,000 people are injured every year in California because of drunk drivers. With the passage of the law, the pilot program will run until January 1, 2019, when it will be expanded statewide.

This may have implications for how DUI lawyers work with courts. Attempts to strike a deal and accept a plea bargain could be influenced by the knowledge that convicted DUI offenders who choose to install an IID soon after their arrest may be allowed full driving privileges if they install and use an IID. In addition, their full IID time requirement will be reduced based on their early installation of the device before they are convicted. In other words, DUI offenders may get time off for good behavior even before they are convicted under the new law.

Under the new law, a first time DUI offense with no injuries could choose to install and use an IID for six months with full driving privileges or a one-year restricted license that would allow only driving to and from work if the offender participates in a treatment program.

Offender costs could be based on income

Offenders would be required to pay for installation of the devices, which costs about $3 a day for monitoring and calibration. The new law also would make allowances for low-income offenders who would pay on a sliding scale percentage of the cost of installation and monitoring based on their income.

The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood. For a free consultation, call (760) 256-3104.