IGNITION INTERLOCKS FOR EVERYONE?

Aug 5, 2015 @ 11:52 AM — by Myles L. Berman

PILOT PROGRAM

On July 1, 2010, California implemented a pilot program for four counties – Alameda, Los Angeles, Sacramento, and Tulare – which required that first time DUI offenders to install an IID in their car for a period of 5-months upon conviction of a DUI. Per the Pilot Program, the IID is not required for individuals whose DUI is reduced to reckless driving or other offense. The IID is required for a restricted license. The restriction allows all sober driving so long as the IID is installed and utilized while driving. Ordinarily, a restricted license allows all work related driving and alcohol program related driving. The IID restriction is more expansive for the individual as the driving is not limited to work and the alcohol program. 

REPEAT OFFENDERS

This Program also applies to repeat offenders as well. The DMV adds a year installation period per additional DUI. The maximum amount of years of installation for a conviction for violating VC 23152 is 36 month; and 48 months for a conviction of 23153.

FUNDED BY NHTSA

The Pilot Program was funded by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration. Although the Program received public funding, the individuals in the Program are required to pay for the installation, use, and maintenance of the IID. The IID Installer is required to use Federal Guidelines in order to consider a person’s income in determining the fees to be charged.

INTO THE FUTURE

The future of the Pilot Program, however, is unclear. As written, the Pilot Program expires on December 31, 2015. I expect the DMV to still enforce the requirements of the Pilot Program so long as the DMV has the funding to do so and California passes a statute to allow it. I believe that the DMV will in fact receive that funding and California will pass a statute to allow it. I also think that the IID installers are going to make a point of encouraging the DMV and California legislature to continue the Pilot Program as the installers are making a lot of money from the mandatory installations.

MORE FUNDING NEEDED

In addition to thinking the DMV will get the appropriate funding and statutory requirement to continue IID installations, I expect there to be changes in the rules. Presently, the IID allows more driving freedom on a restricted license than the usual work related driving and alcohol program related driving restrictions. I anticipate that the IID will be required but limited to driving restricted to work related driving and alcohol program related driving.

IID's FOR EVERYONE

Most significantly, I expect the State of California to require all first time offenders statewide to have to install an ignition interlock device.

In closing, I hope you found this latest blog entry informative. Time will tell if my predictions were accurate. 

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