On September 28, 2016, Governor Jerry Brown signed Senator Jerry Hill’s bill (SB-1046) which expands the ignition interlock device (IID) pilot program for DUI offenders statewide.
California Ignition Interlock Device Pilot Program
An ignition interlock device is a breathalyzer unit that prevents vehicles from starting upon detection of alcohol and requires “rolling samples” while the vehicle is being driven. The IID pilot program (AB-91) began on July 1, 2010 and is currently in place in Alameda, Los Angeles, Sacramento and Tulare Counties. Persons convicted of driving under the influence in a pilot county are required to install an IID in order to reinstate their driver’s license. The pilot program was initially considered to be a five year program, in which the program would sunset on January 1, 2016. Senator Hill authored SB-61 which extended the pilot program through July 2017. With the passing of SB-1046, the pilot program has now been extended through 2018. Starting January 1, 2019 the IID program will be extended statewide.
Currently, first offenders in a pilot county are required to install an IID for a period of five months upon conviction. If the DUI involved injury to another party then the IID would be required for a one year period. Those drivers with one prior offense in a 10 year period are required to install the IID for a period of one year. If a driver has two priors within a 10 year period then the IID must be installed for two years.
Once the pilot program extends statewide there will be a few modifications to the above requirements. A first offense DUI which involves no injuries would allow the offender to select either a 6 month IID with full driving privileges, or a one year license restriction authorizing driving to and from work, and to and from an alcohol program. If the DUI involves injuries then the IID would be required for a period of 6 months. A second DUI offender would still be required to install the IID for a period of one year. Additionally, a third time offender would still be required to install the IID for a period of two years.
Benefits of Installing an IID for DUI Offenders
The law offers a new early incentive program which will afford DUI offenders full driving privileges soon after arrest if they install an IID in their vehicle. Proponents of Hill’s bill argue that approximately half of DUI offenders in California drive illegally following arrest and do not participate in IID or treatment programs. This bill seeks to bring more offenders into the “legal system” by offering them the incentive to drive soon after arrest by simply installing an IID.
Installation of the IID costs approximately $75.00 to $150.00. The daily fee for monitoring and maintenance is approximately $2.00 to $3.00 a day. The new law allows for financial assistance for low income offenders which would reduce costs to between 10 and 50 percent with the IID provider paying the remainder.
The California Transportation Agency will be required to conduct a study of the new statewide pilot program and submit a report no later than January 1, 2025 to the Legislature. This program is to sunset on January 1, 2026.
Arrested for Driving Under the Influence? Call For Your Free Consultation
There are a number of new and proposed laws which may have an effect on DUI offenders. It is important to understand how these laws may affect your driving privileges. If you or someone you love has been arrested for driving under the influence contact the Parker Law Center today for a free consultation!