CHANGES IN DMV LAWS BENEFICIAL TO ORANGE COUNTY AND THE DUI DRIVER?

Beginning on July 1, 2010, driving under the influence (DUI) laws are changing as it relates to driver’s licenses. While Ignition Interlock Devices (IID) are going to become more prevelent, mulitiple offenders will be back on the roads sooner. But what is an IID? IID is a device that is installed in a DUI offender’s vehicle. The installation, and every 60 days of calibration, is completed by a certified installer. This, of course, is paid for by the DUI offender. The person must blow into the device before the car will start and then periodically while driving, the person must again blow. If the device detects any alcohol, the car will not function. If we really wanted to prevent driving under the influence from occuring at all wouldn’t we want all vehicles to be manufactured with these devices? Where’s the business in that….

The first-time offender who lives in Orange County will not suffer any changes in their driving prileges, but if they live in Los Angeles they will. A first-time offender who lives in Orange County may suffer a 30-day suspension period, however, after 30 days they will be eligible for their driver’s license if they are enrolled in a DUI class, have an SR22 insurance form, and pay a reinstatement fee. However, if this same person was a resident of Los Angeles, Alameda, Sacramento or Tulare Counties, they would also have to install an IID in order to obtain their restricted driver’s license. This is a pilot program. Fair? No, but a good reason to stay in the OC.

For the second and third-time DUI offenders, the consequences are the same throughout California. A second-time DUI offender prior to July 1, 2010, would serve a complete one-year driver’s license suspension. As of July 1, 2010, as long as the offender is enrolled in the DUI class, has proof of an SR22 insurance form, pays the required fee and installs the IID, the person may obtain a restricted driver’s license after serving a 90-day suspension period. A restricted driver’s license gives the person the ability to drive to, from and during work, and to and from the DUI classes.

The third-time offender, prior to July 1, 2010, would have their driver’s license revoked for 3 years, and become eligible for a restriced driver’s license only after completing the 18-month DUI program. However, under the new laws, this offender will be eligible for a restricted driver’s license after serving a 6-month suspension.

This change in the law is a windfall to the second and third time DUI offenders along with the IID providers. Hopefully, it will also keep us safe.