Restricting Your Driving
If you get a DUI conviction in Alameda, Los Angeles, Sacramento or Tulare counties, the court will order you to install an ignition interlock device (IID) in any car you own or drive. Installing an IID will cost you in both time and money. Not only will you need to pay for the installation and rental of the device, but you will also have to take your car in at least every 60 days to have the device inspected and calibrated. You will need to keep the IID installed in your car for the duration of your restriction period. The restriction period can vary based on the specifics of your current offense and your history of prior offenses within the last ten years if you have any. Below are some basic guidelines on IID restrictions periods for DUI offenders.
IID Restriction Period for DUI Offenders
- First DUI: 5 months
- Second DUI: 12 months
- Third DUI: 24 months
- Fourth or Subsequent DUI: 36 months
These are just the restriction periods for DUI charges. If you are charged with a DUI causing injury or DUI with vehicular manslaughter, the restriction periods are significantly longer. For defendants charged with a DUI under California Vehicle Code 23153 (DUI causing injury) or California Penal Code 191.5 (vehicular manslaughter) the restriction periods are as follows:
- First Offense: 12 months
- Second Offense: 24 months
- Third Offense: 36 months
- Fourth or Subsequent Offense: 48 months
You should know that if the IID inspector finds any evidence of tampering with the device, he or she could notify the DMV. The DMV can then pause your restriction period. Once the installer sends the DMV a letter confirming you are back in compliance and that the IID is working properly, your restriction period can commence again, after which you will need to continue to serve the remainder of your restriction period. So, if you tamper with your device and the DMV pauses your restriction period, you could end up having the IID installed for longer than originally ordered.
These restriction periods are important because the IID will have recurring costs. Over the course of several months or even years, you will be paying for the rental and continued inspection costs, which can add up. Whether or not these costs are worth your ability to drive is up to you. Unfortunately, these represent just a portion of the expenses you can face after a DUI conviction. You will also face court-imposed fines plus penalty assessments, DUI classes, license reinstatement fees, increased insurance rates and proof of financial responsibility (SR-22 insurance) and potentially even victim restitution. On top of these costs, a DUI can hinder your ability to find or keep a job, making matters even worse.
When facing DUI charges, you should always discuss the potential penalties the court may impose before you take any action or make any decisions in your case. Speak with an experienced California DUI defense attorney if you are facing charges for a DUI, DUI causing injury or DUI with vehicular manslaughter. Preferably, do so before your arraignment so you can start on the right foot from the very beginning. An attorney can explain your charges and the penalties the court may impose on you. Then, with skilled legal guidance, you can make informed decisions about how to proceed in your case. If the penalties are too great, you may want to fight your charges to the fullest extent or try to negotiate a plea bargain. When it comes to hiring an attorney to help you fight your DUI charges, you should first consider the costs you could face if you are convicted. In many cases, the costs of an attorney are insignificant when compared to the costs, both short-term and long-term, of a DUI conviction. These include not only court-imposed fines but also the long-term costs of having a suspended or restricted license and of having a criminal conviction on your record.
Do you have questions about DUI charges? California attorney Christopher Martens knows California DUI defense and will work hard to help you fight your charges. With over ten years of criminal defense experience, Mr. Martens has handled thousands of cases and has helped many Californians move on from their conviction. Serving the Visalia and Fresno areas, The Law Offices of Christopher Martens can provide expert criminal defense counsel. Call our office at 559-967-7386 or email us at MartensLaw@gmail.com for a free consultation.