The Interlock Ignition Device (IID) is a part of a San Diego DUI case. There are certain counties where a standard DUI comes with an IID. In San Diego, it is one factor that can and if possible should be taken away.
The San Diego DUI prosecutors will usually be looking to add an IID when:
1. There is an collison involved.
2. When the blood alcohol level is high, usually over .15%
3. When there is prior San Diego DUIs
A good San Diego DUI defense can usually be negotiated away. This is one many reasons for getting a solid San Diego DUI defense attorney.
There are certain situations where the IID may want to be on the table. For instance, the DMV will give a restricted with a second DUI conviction if there is an IID in the car. If not, there is a much longer suspension (see below).
It is key to assess the clients situation to determine what is best for the situation.
San Diego 2ND OR San Diego 3RD DUI: OPTIONAL INSTALLATION OF IID FOR SHORTER LICENSE SUSPENSION
Vehicle Code 13352 has been amended to reflect the requirements of SB 598 and SB 895, passed by the legislature and governor last year and effective as of July 1, 2010.
Specifically, the Vehicle Code now allows people convicted of a second or third DUI the option of obtaining a restricted license sooner if they install Ignition Interlock Devices on their vehicles. (A restricted license allows a person to drive in the course of employment and to and from alcohol eduction classes.) In this day and age of needing a car getting an interlock device is likely something to consider.
- VC 13352(a)(3) states that a second DUI within a 10 year period results in a mandatory two-year suspension of driving privileges. However, a restricted license may now be obtained after serving 90 days of the license suspension in exchange for having IIDs installed on the convicted person’s vehicles.
- VC 13352(a)(5) states that a third San Diego DUI within a 10 year period results in a mandatory three-year suspension of driving privileges. However, a restricted license may now be obtained after serving six months of the license suspension if IIDs are installed. In the last few years the judge has been given the discretion of suspending a license up to 10 years.
To qualify for obtaining a San Diego restricted license under these new laws, the driver must satisfy the following requirements:
- Proof of enrollment in an 18 month or 30 month driving-under-the influence program;
- Continued satisfactory participation in the program;
- Proof of installation of an ignition interlock device;
- Proof of insurance;
- Payment of all fees;
- Payment of all administrative costs associated with the new law’s provisions.