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significantly shortened where an ignition interlock device is installed.
First-Offense DUI convictions: Ignition interlock devices are generally not required, but they may be ordered at the court’s discretion. Heightened consideration for imposition of the interlock device is given where the defendant has a BAC of .15 or greater; where he or she has two or more prior moving violations; or where he or she refused chemical testing at the time of the arrest. There are some areas in California that routinely impose interlocks in first-offense cases where the BAC is .10 or higher!
Subsequent DUI convictions: Courts will generally order an ignition interlock device for those convicted of a second-, third-, or fourth-offense DUI (within 10 years of a prior DUI, as calculated from arrest date to arrest date). A multiple-offense DUI conviction will result in a driver license suspension or revocation for a minimum of two years. However, any such suspension or revocation period can be cut in half by installing an ignition interlock device and by meeting other requirements.
Driving on a Suspended License: If you are convicted of Driving with a Suspended License (where the license is suspended due to a prior DUI conviction (Vehicle Code Sec. 14601.2)), the court must require installation of an ignition interlock device for up to three years from the date of conviction.
If you would like further information about ignition interlock devices, please contact Smart Start, the nation’s leading provider of ignition interlock technology, at 1.800.880.3394, or online at SmartStartofCalifornia.com. |
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 An ignition interlock device is an alcohol breath-testing instrument that prevents the vehicle from starting unless the driver blows in it to demonstrate that he or she is alcohol free. Ignition interlock devices may be ordered by the court as the result of certain types of convictions. Sometimes, the devices are installed voluntarily at the insistence of concerned parents or an employer who wishes to ensure that his or her drivers are sober.
In certain types of aggravated drunk driving cases, an ignition interlock may be the client’s key to freedom. In extreme cases, both the judge and the prosecutor may agree to allow a person to be released from custody on the condition that any vehicle he or she drives is equipped with an ignition interlock device. The creative uses of these devices can be an important weapon in a defense lawyer’s arsenal.
If you are convicted of a DUI, or if you are convicted of certain other types of driving offenses, you may be required by the court to install an interlock on any vehicles you own or operate for a maximum of three years from the date of the conviction. Also, if you are convicted of a second or subsequent DUI, the mandatory license suspensions imposed by the DMV may be |
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If you have been arrested for DUI, there is a significant chance that you will have a serious issue with your auto insurance carrier, even if your DUI case is reduced to a non-alcohol offense or dismissed in court. Relying on your current insurance carrier following a DUI arrest is generally unwise since most carriers do not offer competitive rates for this type of insurance.
Whenever someone is arrested for driving under the influence of alcohol, two separate cases are triggered: a court case and a DMV case. An adverse finding from either the court or the DMV can result in insurance consequences.
There are several events that can trigger the need for special insurance, or an SR-22 filing. If you are convicted of DUI in court, you will be required to file an SR-22 Proof of Insurance Certificate for the three years following your conviction. If you fail to file the SR-22 annually, the DMV will issue a suspension of your driving privileges. A DUI conviction counts as two |
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points on your driving record, which could trigger a negligent operator suspension. The DUI conviction is an alcohol-related conviction, which also triggers increased rates.
Even if your court case is plea-bargained from a DUI to another charge or dismissed altogether, a loss at the DMV hearing or a failure to timely request a hearing will result in an alcohol-related administrative action on your driving record. This means that an SR-22 will be required to regain your driving privileges, and your insurance rates will likely increase.
Thankfully, there are insurance companies who are sensitive to these issues. You may want to purchase your SR-22 from a provider other than your current agent. If you or someone you care about has been charged with DUI, take the time to explore the alternatives, and make sure that your license does not get caught in the crossfire between the court and DMV. |
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