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.