Huge Changes in California DUI License Sanctions for Second Offenders
The DUI license sanctions have now been modified, allowing certain individuals in second and third time DUI situations to obtain a restricted driving privilege much faster than under the old rules.
September 04, 2010
In California, DUI offenses are currently "priorable" if they follow a DUI violation date within the previous ten years. This ten-year period is an extremely long duration time. Years ago, DUI's were priorable for five years, then more recently, for seven years.For what seemed like eons, the driver's license sanction for a second priorable DUI offense was a hard and complete one year license suspension, whereafter one could pursue a restricted license, provided they met certain conditions.
For what seemed like eons, the drivers license sanction for a third priorable DUI offense was a devastating, three-year license revocation, whereafter one would have to completely re-apply for a driver's license.
The knockout blow resulting from these sanctions is that they did not allow individuals to at least be able to drive to and from work, allowing them to provide for themselves and/or their families. This was the case because modern public transit options simply do not provide an adequate alternative form of transportation for a huge number of individuals.
Although California DUI laws remain very tough, for offenses occurring after July 1, 2010, almost unbelievably, the old hard and fast DUI license sanctions have now been modified, allowing for certain individuals in second and third time DUI situations to obtain a restricted driving privilege much faster than under the old rules - provided they agree to what is known as an ignition interlock device. [SB598]
An ignition interlock device (IID) is a breath-testing device, connected to the ignition of one's vehicle. To be able to start, and continue to operate a vehicle, one's breath would have to have no alcohol present. Due to a number of technical advances, and requisite periodic maintenance, these ignition interlock devices are smart, sophisticated and difficult to defeat. Thus, the public at large can have a high degree of confidence that vehicles equipped with Ignition Interlock Devices are being operated by individuals with no alcohol in their system.
Under the newest rules for second offenses occurring after July 1, 2010, now after only 90 days of license suspension, one can pursue a restricted license, provided they agree to utilize an ignition interlock device, among other conditions. This is a big change over the previous law, which stopped individuals from driving to work for an additional nine months.
Under the newest rules for third offenses occurring after July 1, 2020, after only six months of license revocation, one can pursue a restricted license, provided they agree to utilize an ignition interlock device, among other conditions. This is a monumental change over the previous law, which stopped individuals from driving to work for a great deal longer time period.
Benefits of the new rules will include increased public safety, additional tax revenue for the State of California, and heightened individual, and family, self-sufficiency.
Article provided by The Law Offices of Mark DeYoe
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