Governor Jerry Brown signed California Senate Bill 1046 into law, which will go into effect starting January 1, 2019 and will remain in place until January 1, 2026. Currently only four counties in California require DUI offenders to put an Ignition Interlock Device (IID) in their vehicles as part of a pilot program that went into effect in 2010: Los Angeles, Sacramento, Alameda, and Tulare counties. This bill, makes statewide, what was once a pilot program. For drivers in Los Angeles or the other pilot program counties, the new IID law will not result in any significant changes.

Beginning in 2019, the following individuals statewide will be required to install and maintain an IID in their vehicles:

• A first DUI that involves an injury – IID required for 6 months.
• A first DUI that doesn’t involve an injury – IID for 6 months with full driving privileges, OR no IID and a 1-year restricted license that allows driving to specified destinations only if the offenders also participates in a treatment program.
• A second DUI – IID required for 12 months.
• A third DUI – IID required for 24 months.
• A fourth or subsequent DUI offense, IID required for 36 months.

Currently, other than the four pilot program counties, an IID restriction was left up to the judge. However, there was a mandatory suspension period of 30-days before a driver could get a restricted license to drive to and from work/school and/or DUI school. The new law will allow restricted driving as soon as the IID is installed.

There is an incentive for individuals to install an IID shortly after they are arrested for DUI but prior to conviction: they will be required to maintain the IID for a shorter duration (the ultimate IID time requirement is to be reduced by day to day credits) based on their early installation of the device and they will maintain full driving privileges.

If you have any DUI related questions, have been arrested and/or charged with a DUI, please call the Law Offices of Krause & Hirschhorn P.C.

Happy Holidays and remember, if you are going to drink, drink responsibly.