Before a San Diego California DUI court suspends for 10 year option, consider remorse, age of priors, BAC, treatment, risk and IID, lawyers announce

Before a San Diego California DUI court suspends for 10 year option, consider remorse, age of priors, BAC, treatment, risk and IID, lawyers announce

January 1, 2012.

New tougher California DUI laws for three-peat drunk driving offenders providing sentencing courts the optional power to possibly revoke one’s drivers license for ten (10) years, San Diego DUI lawyers report.

This new DUI law may apply to those convicted of DUI for a third or subsequent time, San Diego attorneys are told.

Previously, a convicted of DUI for a 3rd time will have their drivers license revoked for a period of 3 years, a person convicted of DUI for a 4th or subsequent time will have their drivers license revoked for a period of 4 years.

Sentencing courts will still be able to use the old laws when the new laws come into effect but they will also be able to revoke a repeat offenders drivers license for a period of 10 years.

Before imposing a 10 year ban, DUI courts must consider the following factors:

1) The person’s level of remorse,
2) The period of time that has elapsed since previous California DUI convictions,
3) The person’s BAC (blood alcohol number) at the time of the offense,
4) Any participation on behalf of the person in alcohol treatment programs,
5) The potential risk posed by the person to public and traffic safety, and
6) The person’s ability to install an Ignition Interlock Device (IID) on vehicles he or she owns and/or operates.

Effective 1/1/12, such a repeat DUI offender who has her or his driver’s license revoked for a period of 10 years will be able to apply to have their driving privileges reinstated after 5 years from the date of the last conviction if the person install a certified ignition interlock device on any vehicles they own and/or operate for a period of 2 years after their driving privileges have been reinstated.

Assembly Bill 1601 was sponsored by Assemblyman Jerry Hill, D-San Mateo and subsequently signed into California law is now effective as of January 1st 2012.

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