San Diego DUI criminal defense lawyers are wondering what happens if/when that new Ignition Interlock IID drunk driving law comes to San Diego County

San Diego DUI criminal defense lawyers are wondering what happens if/when that new Ignition Interlock IID drunk driving law comes to San Diego County

Even though the ignition interlock device (IID) law does not yet apply to San Diego County as it is not one of the four California counties subject to this new DUI law, San Diego DUI criminal defense lawyers are wondering what happens if/when that new drunk driving law comes to San Diego County.

(1) If a San Diego DUI defense attorney wins a San Diego DMV hearing, the next step is the San Diego drunk driving trial unless the San Diego DUI lawyer prosecutor offers something reasonable & acceptable.

(2) If a San Diego DUI defense lawyer loses a San Diego DMV hearing, the next step is also the San Diego drunk driving trial and the driver does not have to get an ignition interlock device (IID) unless convicted.

In the latter situation, you can install it later. The driver may very well receive a DMV notice stating he or she is suspended as of any conviction date. So if past the California Vehicle Code Section 13352.4 restriction time, a convicted driver faces the new 6 month suspension with a California IID. So California DUI law would require an IID and California license restriction for five months.

(3) If the driver did not retain the San Diego DUI lawyer before the expiration of the DMV 10 day deadline, then the San Diego driver receives a four month suspension, goes thirty days without a California license, and has a five month restriction with a California IID.

California Vehicle Code Section 23700(7)

A person is required to install an ignition interlock device
for the applicable term as a condition of being issued a restricted
driver’s license, being reissued a driver’s license, or having the
privilege to operate a motor vehicle reinstated subsequent to a
conviction for a violation or a suspension of a person’s driver’s
license, as follows:
(A) A person convicted of a violation of Section 23152 shall be
required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 36 months.
(B) A person convicted of a violation of Section 23153 shall
install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 12 months.
(ii) Upon a second offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 24 months.
(iii) Upon a third offense, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for
a mandatory term of 36 months.
(iv) Upon a fourth offense or any subsequent violation, the person
shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 48 months.

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