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Summary of California Ignition Interlock Device laws enacted in 2010

Laws are constantly changing. It is, therefore, extremely important that you have an experienced DUI defense lawyer representing your interests. On July 1, 2010, the California legislature implemented an ignition interlock device or IID pilot program to run through December 31, 2015. The new legislation required all individuals convicted of 1st or repeat offense DUIs to install IIDs on all vehicles they own and operate if their convictions occur in Alameda, Los Angeles, Sacramento, and Tulare County. 

  • AB 91 “Ignition Interlock Device” Law requires first-time DUI offenders to install an ignition interlock device in their vehicle
  • SB598 shortens the amount of time repeat offenders must wait to be eligible for a restricted license if the individual installs an IID

Consequences of a DUI in California

The severity of DUI penalties in California depends on several aggravating factors, such as prior record of DUI, probation violation, BAC level above 0.15, or traffic collision resulting in property damage or injury.

First offense DUI

A conviction for a first misdemeanor DUI offense with no aggravating circumstances can result in:

  • Mandatory installation of an IID
  • Approximately $1,700 to $1,900 in fines and penalty assessments
  • Informal probation for three to five years
  • Either three or nine months in an approved DUI program
  • 6 month driver’s license suspension
  • Criminal record

Second offense

Penalties are harsher for a second DUI offense and punishment can be far more severe if probation from the prior DUI is violated. In addition, a prior “wet reckless” conviction within the last 10 years qualifies as a prior offense as well. A second offense misdemeanor DUI carries the following penalties:

  • Imprisonment for a minimum 96 hours or up to a year in county jail
  • Approximately $1,700 to $1,900 in fines and penalty assessments
  • Informal probation for three to five years
  • Either 18 or 30 months in an approved multi-offender DUI program
  • Driver’s license suspension for two years
  • Mandatory installation of an IID
  • Criminal record

Third offense

A third DUI offense is punishable by the following:

  • Imprisonment for a minimum of 120 days or up to 1 year in county jail
  • Approximately $1,700 to $1,900 in fines and penalty assessments
  • Informal probation for three to five years
  • 30 months in an approved multi-offender DUI program
  • Driver’s license suspension for three years
  • Mandatory installation of an IID
  • Criminal record

Felony DUI

DUIs are typically misdemeanor level offenses, however, in certain circumstances, they can be charged as felony level offense if certain aggravating factors are present, such as a traffic collision resulting in injury/death (VC 23153) or being arrested for a 4th DUI or more in the last 10 years. A conviction for a felony DUI carries serious consequences that potentially include imprisonment in county jail for up to a year or 16 months to 10 years in California State Prison, a “strike” pursuant to California 3 Strikes Law, and 18 to 30 months of a California DUI program. Additionally, a person convicted of a DUI with injury would also be ordered to pay restitution to each victim.

How can our firm help you?

Since 1987, we have specialized in defending individuals charged with DUI offenses. We have achieved an unmatched record of positive results for our clients through our experience as former DUI prosecutors, law enforcement instructors, and unwavering commitment to providing our clients with attentive and quality legal representation.

Get experienced help with your DUI charge. Call Takakjian & Sitkoff, LLP at 888-579-4844 or contact us online to schedule your free initial consultation and get the help you need 24/7.

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Takakjian & Sitkoff, LLP
11845 W. Olympic Boulevard, Suite 1000
Los Angeles, California, 90064 USA
310-312-8055