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Can someone be ordered to have Interlock Device as a penalty for a first time DUI in San Diego county?

On Behalf of | Feb 18, 2016 | Firm News |


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.

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.

Proponents say the bill needs to become law because repeat DUI offenders account for one out of every three convictions.

“Families are devastated by this, and still we allow it. I don’t want to say we condone it, but the penalty is just not severe enough” said Jerry Hill, a state senator representing Calfornia’s 13th District who introduced the bill.

Roughly 15,000 people are arrested for DUI in San Diego County every year, but opponents don’t believe the bill will make a difference.

“SB 61 is a horrible idea that clearly is only designed to benefit the manufacturers and installers of ignition interlock devices, not traffic safety,” said DUI attorney Philip Gagnon.

Gagnon points to a DMV study this year analyzing the data from four counties, including Los Angeles, where pilot programs are underway as opponents say are proof SB 61 won’t work.

The study showed no evidence of general deterrence. Proponents say other studies have shown more positive effects, including the U.S. Centers for Disease Control finding that the locks cut drunk driving recidivism offenses by 67 percent.

The full article can be found here.

If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive

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