New DUI IID laws for 2019

Posted by on January 4, 2019 in #DUIdata, Uncategorized | 0 comments

New DUI IID laws for 2019

Starting January 1, 2019, new laws as they relate to ignition interlock devices (in-car breathalyzers) came into effect in California.

This comes from Senate Bill 1046. SB 1046 is effect January 1, 2019 until January 1, 2026 when some parts will sunset and other laws will come into effect.

There are many, many updates to the Vehicle Code for all of this. So I’ll just hit the main points as they relate to what happens after a conviction of different levels of DUIs (ie 1st or 2nd offense, wet reckless, felony DUI, etc.).

The vehicle code is dense with all this and many times cross references other sections of the vehicle…so it’s not a light Saturday morning read.

I’ll post the law and also cite to the California Vehicle Code section to make the tracking easier: straight from the California Vehicle Code’s mouth.

The biggest questions are usually:

  • Am I required to install an IID if convicted of DUI?
  • How long will my license suspension be if convicted of DUI?
  • Can I get a restricted license?

 

Some info to start with:

There’s many things to understand first:

  • Only for arrested on or after January 1, 2019: Arrested for DUI on December 31, 2018 or before? Then no dice on these new laws. The old laws would apply to you as these new laws only apply to DUI arrests on or after January 1, 2019. See Vehicle Code 13352(m).
  • Arrested v. DMV suspension v. conviction: There are different outcomes for each of these happenings. Per the Vehicle Code, different suspensions happen if you are arrested. Or if you are arrested, and then DMV finds against you in their DMV hearing. Or if you are then convicted in Court on a DUI. Similarly, there are different things that can happen for getting a restricted license after conviction.
  • Refusals: If as a result of the DMV Administrative Per Se decision DMV concludes you refused the chemical test after arrest, there is still no ability to get a restricted license. See California Vehicle Code 13353.3(b)(1)(B)(i). Keep in mind, this may be different than if you are charged with a refusal allegation enhancement in Court on the criminal proceedings.
  • Under 21? Different rules apply if you’re under 21. See Vehicle Code 13353.8, and many of these other sections (13352 and going forward) that discuss you must be over 21 years old to benefit from these IID restricted licenses.
  • Prior DUIs: A DUI is considered a prior DUI if the date of arrest is within 10 years of a previous date of arrest. The timelines run from date of arrest to date of arrest, not dates of conviction, dates of DMV hearings, dates of your birthday, dates of my birthday, your first date in high school..
  • Drug DUIs: The new IID laws for restricted licenses do not apply for drug-only DUIs. See California Vehicle Code 13352.4(b) and VC 13352(a)(1)(A)(i)). Restricted licenses can apply to a DUI involving drugs as long as they also include alcohol.
  • Other requirements for getting a restricted license: If you’re applying for a restricted, you need to do things and show proof to DMV. For any restricted license, you need to 1) be enrolled in and doing the DUI class (there are different lengths depending if it’s a 1st or subsequent DUI); 2) go into DMV and pay them fees; and 3) file a proof of financial responsibility (ie. an SR 22 insurance…and you can go through your current insurance company or use SR22 companies like Breath Easy Insurance, Joey Hernandez Insurance Solutions, etc.).
  • Hard suspensions still in place before getting your restricted license? These new restricted license laws delete the requirement of a hard suspension (except for the wet reckless if you lost the DMV hearing, see Vehicle Code 13353.7(a)). It used to be hard suspensions of 30 days (for a 1st offense) and longer for subsequent offenses. But these new laws do away with hard suspensions. See Vehicle Code 13352.4 and 13352 which has no language now about these hard suspensions.
  • Suspension lengths vary: There are different suspension lengths depending whether you’re dealing with the DMV Administrative Per Se hearing or a conviction of DUI in Court.
  • “Restricted” driving with an IID: With an IID restricted license, you can drive where you want, not just for employment. The only restriction is that you keep the IID installed and functioning. Vehicle Code 13352.
  • How often must you perform an accuracy check on the IID? Every 60 days.  Vehicle Code 13353.6(j).

Ok, there are other caveats…but that’s enough for now. Here are the main questions and answers on all of this:

1st offense misdemeanor DUI:

Am I required to install an IID for a conviction of a 1st offense DUI?

Not necessarily. On a first offense conviction, an IID is not required per the Vehicle Code although the Judge can order it as a term of probation.  See Vehicle Code 23573.3(h)(1)(A)(i).

 

If ordered on a 1st DUI, how long can the IID be ordered for?

If the Judge orders an IID, it cannot be longer that 6 months from the date of conviction. Vehicle Code 23575.3(h)(1)(A)(i).

 

How long is the license suspension and can I get a restricted license for a conviction of a 1st offense DUI?

If DMV holds against you in the APS hearing (for excessive alcohol level over .08, again not for a refusal), that suspension starts as a 4 month suspension. Vehicle Code 13353.3(b)(1)(A).

If convicted of DUI in Court, DMV automatically suspends for 6 months (even if you won your DMV hearing). Vehicle Code 13352(a)(1)(A).

Can you apply for a restricted license? Yes, there are two ways to do this:

  1. Install an IID for 6 months. The total license suspension time after conviction is 6 months and you must keep the IID installed for that 6 months. Vehicle Code 13353.3(b)(1)(B), 13352 (a)(1)(A)(i).
  2. If you do NOT want to install an IID, then you can get a restricted license. Vehicle Code 13352.4. But it lasts 12 months and you can only drive for “employment” and for the DUI class (Vehicle Code 13352.4(b)). For this restricted, a conviction in Court may be required, as Vehicle Code 13353.6 only addresses a restricted without a hard suspension when you install an IID for the restricted.

 

1st offense wet reckless misdemeanor DUI:

Am I required to install an IID for a conviction of a 1st offense wet reckless conviction?

Not necessarily. See Vehicle Code 23573.3(h)(1)(A)(i). Although the Vehicle Code doesn’t preclude a Judge from ordering this as a term of probation. If ordered, it may be argued it should not be for longer than 6 months, since this is the max amount allowed for a 1st offense DUI per Vehicle Code 23575.3(h)(1)(A)(i).

 

How long is the license suspension and can I get a restricted license for a conviction of a 1st offense wet reckless?

DMV does not suspend by way of a conviction of a 1st offense wet reckless.

So if you win the DMV hearing (or if DMV does not go forward with their DMV APS hearing against you), then there is no suspension by way of a 1st offense wet reckless.

However, if DMV holds against you in the APS hearing (for excessive alcohol level over .08, again not for a refusal), that suspension starts as a 4 month suspension. Vehicle Code 13353.3(b)(1)(A).

Then if convicted of a wet reckless in Court (Vehicle Code 23103(a) per Vehicle Code 23103.5) you can apply for a restricted license:

  1. With no hard suspension with an IID for 4 months (see DMV’s memo on this here).
  2. Or to drive just for “employment” and for the DUI class after serving 30 days of hard suspension. Vehicle Code 13353.7(a). 

 

1st offense felony DUI (causing injury to another person):

Am I required to install an IID for a conviction of a 1st offense felony DUI (causing injury to another person)?

Yes, for 12 months from the date of conviction.  Vehicle Code 23575.3(h)(2)(A).

 

How long is the license suspension and can I get a restricted license for a conviction of a 1st offense felony DUI?

If DMV holds against you in the APS hearing (for excessive alcohol level, again not for a refusal), that suspension starts as a 4 month suspension. Vehicle Code 13353.3(b)(1)(A).

If convicted of DUI in Court, DMV automatically suspends for 1 years (even if you won your DMV hearing). Vehicle Code 13352(a)(2)(A).

Can you apply for a restricted license? Yes, by installing an IID for 1 year. Vehicle Code 13352(a)(2)(A). 

 

2nd offense misdemeanor DUI:

Am I required to install an IID for a conviction of a 2nd offense DUI?

Yes, for 12 months from the date of conviction.  Vehicle Code 23575.3(h)(1)(B).

 

How long is the license suspension and can I get a restricted license for a conviction of a 2nd offense DUI?

If DMV holds against you in the APS hearing (for excessive alcohol level, again not for a refusal), that suspension starts as a 1 year suspension. Vehicle Code 13353.3(b)(2)(A).

If convicted of DUI in Court, DMV automatically suspends for 2 years (even if you won your DMV hearing). Vehicle Code 13352(a)(3)(A).

You can apply for a restricted license by installing an IID for 2 years. Vehicle Code 13352(a)(3)(A) and 13353.75(a).

 

3rd offense misdemeanor DUI:

Am I required to install an IID for a conviction of a 3rd offense DUI?

Yes, for 24 months from the date of conviction.  Vehicle Code 23575.3(h)(1)(C).

 

How long is the license suspension and can I get a restricted license for a conviction of a 3rd offense DUI?

If DMV holds against you in the APS hearing (for excessive alcohol level, again not for a refusal), that suspension starts as a 1 year suspension. Vehicle Code 13353.3(b)(2)(A).

If convicted of DUI in Court, DMV automatically revokes for 3 years (even if you won your DMV hearing). Vehicle Code 13352(a)(5)(A).

You can apply for a restricted license after conviction by installing an IID for 3 years. Vehicle Code 13352(a)(5)(A) and 13353.75(a). 

 

4th offense misdemeanor DUI:

Am I required to install an IID for a conviction of a 4th offense DUI?

Yes, for 36 months from the date of conviction.  Vehicle Code 23575.3(h)(1)(D).

 

How long is the license suspension and can I get a restricted license for a conviction of a 4th offense DUI?

If DMV holds against you in the APS hearing (for excessive alcohol level, again not for a refusal), that suspension starts as a 1 year suspension. Vehicle Code 13353.3(b)(2)(A).

If convicted of DUI in Court, DMV automatically revokes for 4 years (even if you won your DMV hearing). Vehicle Code 13352(a)(7)(A).

You can apply for a restricted license after conviction by installing an IID for 4 years. Vehicle Code 13352(a)(7)(A) and 13353.75(a).

 

 

 

 

 

 

 

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