Los Angeles DUI Lawyer Blog

When a person has been convicted of a Los Angeles driving under the influence charge, there are certain penalties that will be imposed. One of the most serious penalties that the person will face, is a drivers license suspension. For a first offense DUI, a person's license may be suspended for up to 4 months, for a second time offense, the license may be suspended for up to a year.

Having your license suspended is a significant restriction on a person's daily activities. It prohibits you from driving to work, social activities and other important places. If a person chooses to drive on a suspended license in Los Angeles, they can be charged with an additional charge. A driving on a suspended license conviction is very serious, it can lead to jail time and penalties. It may even lead to an extension of a person's probation.

There are options for a restricted license. When a person's license has been suspended, they can ask the DMV for a restricted license which allows them to drive to and from work. A restricted license is granted sparingly, and under certain specific circumstances. An experienced Los Angeles County DUI attorney can successfully persuade the Court to allow for a restricted license, which prevent taking away driving privileges completely.

Under the previous law, a person who has been convicted of a second time DUI must wait 12 months before they can apply for a restricted license. Under new law, SB 598, that went into effect July 10, 2010 a person can apply for a restricted license after just 90 days.

Third time offenders under previous law could not apply for a restricted license until 12 months into their 3 year suspension. Under the new law they can apply after 6 months.
However, there is a caveat to applying for a restricted license earlier under the new law, the person must install an Ignition Interlock Device. An Ignition Interlock Device is a device that is installed on a person's steering wheel that does not allow the car to start until the driver breathes into the machine so that it can check for blood alcohol content.

Having your license suspended adds to the difficult situation you are already facing with a DUI. There are usually fines and jail time associated with driving under the influence charges. When you are unable to drive anywhere it makes even going to work an obstacle, and causes you to rely on your friends and family. It is crucial for a person who finds themselves about to get their license suspended that they consult with a Southern California DUI specialist to learn about their defenses and options.

Everyone should have a knowledgeable attorney to represent them at the DMV hearing as well as the Criminal case. An attorney can also prepare a strong argument that may allow for the person being charged to have a restricted license under specific circumstances. A persuasive argument can make a huge difference in regards to a potential sentence and license suspension.

On July 1, 2010, Governor Arnold Schwarzenegger passed a bill that sought to clarify SB 598. SB 598 applies to second and third time DUI offenders. When a person has been convicted of a DUI their license will be suspended by the DMV. The length of time their license is suspended depends on previous convictions and the specific facts of the case.

In certain situations a person might be eligible for a restricted license that allows them to drive to and from work, and Court ordered alcohol programs. In order for a person to get a restricted license, they must apply for one after they wait the legislatively established amount of time.

Under previous law, a person must wait about 12 months into their suspension before they can apply for a restricted license. Under SB 598, a second time offender could not apply after only 90 days and a third time offender could apply after six months. This shortened wait time was only available to those who installed an Ignition Interlock Device. This machine is installed into a person's vehicle and will require that the person blow into a breathalyzer before the car can start.

The new law enacted to clarify SB 598 is SB 895. It clarifies the requirements a person must meet in order to qualify for the early application time for a restricted license. The person must first and foremost demonstrate proof of enrollment in an alcohol rehabilitation program. This means the person must present a certificate of enrollment, or some sort of documented proof that they are attending classes as order by the Court. The person must also install the IID, and pay all costs associated with the installment. They must also pay for the costs in advance for oversight of the IID.

The person must also demonstrate that there is proof of insurance. The DMV must have all documents of proof, and all fines and penalties must be paid in advance for costs and installation. After all that is done the person may apply for a restricted license, then the decision will be made whether they qualify or not.

An experienced Southern California Driving Under the Influence Attorney has handled thousands of DUI cases and can explain your options to you in detail. A powerful argument and defense that is prepared on your behalf can be very persuasive to allow for a restricted license. Additionally, new law can be very confusing and complicated and will require the help of an expert that will allow for a person who is being charged to be protected and get the best deal possible. You may qualify for a reduced penalty, or a restricted license, and speaking to an attorney will get assure that you know what you are entitled to under the specific circumstances of your case.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
When a plea of guilty or no contest is entered, a DUI Advisement of Rights, Waivers and Pleas form will be read to you and initialed. It goes into the record as proof that you were informed of the rights you were giving up by pleading guilty or no contest and what the potential consequences may be.

A section in the form lists all the consequences of your plea of guilty or no contest. Each of those will be read to you and you will be asked to initial and indicate that you understand the statements.

A chart of potential statutory are explained to the driver and they must indicate that they understand the maximum and minimum penalties for the offense(s) they are being charged with. They must then acknowledge that in addition to the fine, the Court will add assessments that will significantly increase the amount. For example, a fine of $600 can easily be closer to $1,500-$2,000 once all assessments have been calculated. In addition to the fine, with assessments, they will be asked to possibly pay a fine for restitution between $100 to $1,000 unless the Court finds a compelling and extraordinary reason not to do so.

A small section in the explanation of consequences pertains to those that were found driving under the influence while underage. If a person is under the age of 21 when arrested for a DUI, their license will be suspended for a year and their license will have to be suspended to the Court. In situations where the driver does not have a California Driver's license, the Court will order that the DMV suspend the driver's license for a year after they become eligible to drive.

Furthermore, the Court asks the person being charged to understand that their vehicle may be impounded for up to 30 days at their expense. Also, the court may require that an Ignition Interlock Device (IID) be installed into their car for up to three days. An IID is a device that requires a person blow into a breathalyzer before the vehicle can be started. It ensures that a person does not driving while under the influence.

The consequences of pleading guilty or no contest can be harsh. If a person enters a plea without first consulting a DUI lawyer, they may be agreeing to consequences that could be reduced with the help of an attorney. Before you enter a plea, be sure to consult with an expert and discuss the many different options and possible outcomes of your case. A DUI on your permanent record could affect many aspects of your life.

Many of our clients have inquired about the maintenance and use of the Ignition Interlock Device. While this is all new law, being a pilot project, we have been able to answer the following commonly asked questions.

Does the device cause damage to my car and will other people be able to continue to drive my car?

Other people will be able to drive your vehicle but will have to also blow into the machine before starting the vehicle. Those that will potentially drive the car should also be educated on the use of the machine. The installation of the device will not cause damage to the vehicle, and it will be restored to the same condition it was before the installation of the device.

What will happen if the service appointment is missed and how often will the device need to be calibrated?

The device will prompt the driver. For example, a device may flash or the light may stay on and a tone will sound if it needs service. If the IID is not serviced, all IIDs will enter a lockout condition and the driver will not be able to operate the vehicle. Then, the vehicle would have to be towed to the service center or the service center technician would have to perform remote service. The device will also need a calibration check every 60 days or so.

What happens to the vehicle if the device malfunctions?

Nothing will happen to the operation of the vehicle. The device will not interrupt the operation of the vehicle.

What happens if the Driver fails the breath test?

The IID will enter a short lockout period of a few minutes for the first failed breath alcohol test and a longer lockout for any subsequent failed breath alcohol test. This permits an opportunity for the alcohol to dissipate from the mouth and for the driver to consider the reason for the failed breath alcohol test.

Information provided from California DMV website.

There are a lot of unanswered questions surrounding the new Ignition Interlock Device now required by law in Los Angeles County for those convicted of a DUI. As with any new law, there remains many loopholes and issues that have not been accounted for. Even as a pilot project, it seems to be fairly difficult to "fool" the ignition interlock machine in any of the following ways.

Can someone use a balloon or other air source to mimic human breath, or can someone else take the test for the driver?

The device currently has anti-circumvention techniques which allow the machine to abort any phony breath samples. This allows it to instantly detect when actual human breath is not being blown into the device and will cause the machine to report the failed sample. Furthermore, you may not have someone else legally take the breath test on your behalf before starting the vehicle. According to California Vehicle Code §23247, it is illegal to have another person blow into the device or to start a vehicle equipped with the device for the purpose of allowing someone whose driving privilege has been suspended to operate a vehicle. For those who aid in the circumvention of the machine, they can be fined or served jail time under California law.

In addition, the device will ask for a running retest throughout the time the vehicle is running. If this running retest fails, the unit will log a violation and in some vehicles the honk will continue sounding until the vehicle is turned off.

It is important to note that the running retest will not cause the driver to take his or her eyes off the road. When the device signals for a retest, the driver has a few minutes to provide the sample. This gives them plenty of time to pull off the road into a safe area and provide the necessary sample. No buttons need to be pushed, the driver need only blow into the unit.

Even if a person is taking medicine that may have alcohol in its ingredients, or have used mouthwash beforehand, the machine will indicate a presence of alcohol over the preset limit and log in a fail. Persons required to install the device are strongly cautioned to avoid such medicine or mouthwash or make other accommodations.

Do not attempt to disconnect the battery of the machine in hopes that it will "forget" or erase any logged violations. The unit has a backup lithium battery to protect its memory.

While there are many unseen problems with the new law, it seems as if the machines have been made to accommodate for those who try to "fool" its purpose. If you have been caught in violation of any requirements of the device speak to an experienced Los Angeles DUI attorney who can provide you with the answers you are looking for!

The new Ignition Interlock law enacted in Los Angeles County seems to be vague and lacks a precise plan for enforcement by the DMV. Due to it's novice nature, many loopholes have been unaccounted for and many questions remain unanswered.

According to the specifics in the law, you are required to install the device into a vehicle that is owned by you. However, people are exempt from installing the device into their vehicle if they provide the DMV with a written notice of the fact that they have no ownership of a vehicle, that they have no access to a vehicle at his or her residence, that they understand that they must inform the DMV of any changes in their situation, and acknowledgement of licensing and IID requirements.

So if you do not own a car or have access to one, you would not be required to install the device. The DMV is also not requiring those people who drive a motorcycle to install one either. Additionally, many of our clients ask us about the law if they do not reside in one of the counties participating in the pilot program, but were arrested in one that does, or vice versa.

A knowledgeable Los Angeles DUI attorney can help you answer all of the questions you may have as well as prepare a strong defense against installing the device in your car. It seems that even the DMV is not sure of how the enforcement and implementation of this law will go, leaving much room for a well prepared argument in your favor!

Many of our clients have been asking us regarding the Ignition Interlock Device law that went into effect on July 1, 2010. Nothing much has happened since it went into effect, leaving many people wondering how and when it would be enforced.

This law is a part of DUI law and is separate from Court order. The DMV is the one that will enforce and implement this new law. When you go to the DMV after having completed you license suspension, you will be required to install the ignition interlock device before you can receive a restricted license.

According to the law those that are convicted of a first time DUI offense will have to install the device for 5 months. Those with a second time DUI offense will install the device for 12 months, third time for 24 months and fourth time offenders for 36 months. Those with more enhanced or aggravated DUIs convicted under Vehicle Code 23153 will be required to have the device in their vehicle for a longer period of time.

The law itself is a pilot project launched in only four out of the many counties in California; Alameda, Los Angeles, Sacramento and Tulare. Having never implemented such a program before, especially in such a large metropolis such as Los Angeles, we anticipate a lot of glitches and unplanned consequences. The DMV lacks a concise plan of enforcement and therefore leaves room for a knowledgeable Los Angeles Criminal Defense attorney to prepare a strong argument and defense against installing the device.