What is likely going to happen to me? That is what the clients and potential clients as when we first meet.There is usually some mandatory terms that come with most cases (such as fines). The Interlock Ignition Device (IID) is one of the potential sanctions that come with a San Diego DUI. It is a punishment that can be avoided in most first time DUIs if there is a sound proposal to the prosecutor or judge.
Personally, IIDs should be on every car. There would never be another alcohol DUI and I can focus in another field of law. It could be like a seatbelt. In the meantime, it is placed on drivers convicted of DUIs. I believe an IID comes too early after a case resolves. The devices are expensive at about $1300 a year. A normal IID term is six months or one year. When most people resolve their DUI cases they say they will never drink and drive again. They are in DUI classes and feel the effects of the DUI punishment for several months. It is after that time that I have seen someone fall back in violation. If it is to be on it should be for the subsequent year. Another alternative is to have it on a whole term but have more favorable terms on the front end of a San Diego DUI punishment.
There is proper situations where people should have their vehicle with an Interlock Ignition Device (IID). However, it just does not apply to all San Diego DUI cases.
If someone made an unwise decision and drove home from Pacific Beach back to La Mesa and get stopped for speeding. They end up having a blood alcohol level just over the limit. They may eventually faces fines, DUI education courses, etc. An IID device just does not fit the situation.
I whole heartedly agree with the attorney in the article when he says the stats just does not show it works.
It should be a tool that the parties agree may fit in certain San Diego DUI cases. However, a blanket device mandate of having them on the vehicle will have me setting more jury trials due to a punative outcome.
Those arrested for driving under the influence in California, even as a first-time offender, could be forced to install an “ignition interlock device” in their car under a new bill.
The devices, installed on vehicle dashboards, act like breathalyzers, allowing the car to start only after the mechanism receives a clean test. Senate Bill 61, approved by the Senate’s public safety committee this week, now heads to the appropriations committee.
Preventing people from driving under the influence is easier said than done, but a pilot program underway in California aims to try.
The new law requires a DUI offender convicted in criminal court to install an Ignition Interlock Device (IID) on their car for a certain period of time. After that period of time, the driver would then be able to get a restricted license or reinstated license.
The IID works to help prevent drunk drivers from getting behind the wheel: if the driver’s blood-alcohol level is over the legal limit, the car will not start.
“Hopefully [IID] will eliminate the crime of DUI and people driving under the influence,” said California Highway Patrol Officer Josh Nelson.
The law is in effect in several counties including Los Angeles, Alameda, Tulare and Sacramento.
“San Diego is not one of them. After the pilot program is concluded in Jan 2019, it will be a state wide effort,” Nelson said.
The pilot program will continue until 2019 when all data is collected. Then, it will become a statewide requirement.
Vincent Ross is an attorney with San Diego’s DUI Attorney Law Firm. The team deals with approximately 40 new DUI cases a month.
He says interlocks aren’t perfect, but more DUI drivers are being ordered to install them in the City of San Diego. It varies from city to city within the County.
The device is meant to prevent deadly DUI crashes. Just last month, nurse and mother Sarita Shakya was killed in a head-on crash. The other driver, Alexandria Bayne, faces criminal charges on the crash. Bayne has two previous DUI convictions.
Despite her record, Bayne had a valid driver’s license at the time of the crash.
“The rules vary on a case by case basis,” said attorney Brandon Naidu, with the San Diego DUI Attorney Law Firm. “There are minimum suspension periods depending on whether it’s a first offense, second or third offense.”
Experts say it is extremely rare for drivers to have their licenses revoked permanently, even with prior DUIs.
As of 2015, almost 330,000 interlock devices were in use throughout the country.
The full article can be found here.
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