Do You Need an Ignition Interlock Lawyer? We Can Help
Ignition Interlock Lawyer San Diego
Of all the potential penalties associated with a San Diego driving under the influence (DUI) conviction, being required to install an ignition interlock device (IID) in your vehicle may seem like one of the most restrictive and intrusive penalties, and it can be for some people. Under a new IID law in California, however, having an IID installed in your vehicle can actually help you get your driving privileges reinstated sooner, depending on the circumstances of your case. But even that may not be necessary if you can avoid a DUI conviction in the first place. Your best option when facing DUI charges in San Diego is to consult a DUI defense attorney who can help you navigate the complexities of San Diego DUI law and inform you of your legal rights based on your specific situation. Contact our knowledgeable DUI lawyers at Sevens Legal, APC today to discuss how to move forward if you have been arrested for or charged with DUI in San Diego or the surrounding areas.
Ignition Interlock Devices
New IID Law in California
Not all California DUI convictions require installation of an interlock device, but the criminal penalty is becoming more and more common, as the state cracks down on drunk driving offenses. In fact, California passed a new law that went into effect on January 1, 2019, which expands California’s IID “pilot program” statewide for most DUI offenses. Under the new law, eligible individuals who have had their driver’s license suspended because of a DUI conviction may be able to get their driving privileges reinstated by installing an IID in their vehicle. What this means is, San Diego DUI offenders who are eligible for IID installation can get their license back more quickly than before, without being subjected to a mandatory suspension period. These new IID licensing requirements are set to remain in place until January 1, 2026.
San Diego IID Requirements
IID Installation Time Periods
- In most cases, a first-time DUI offender may be required to have an IID installed in their car for six months following a conviction.
- For a second-time DUI offense occurring within ten years, the IID installation period will be one year.
- For a third-time DUI offense occurring within ten years, the IID requirement will be two years.
- For a fourth or subsequent DUI offense occurring within ten years, the IID requirement will be three years.
- For a DUI with injury conviction, the IID installation period is typically one year for a first offense.
- For a second DUI with injury conviction, the IID installation period is two years.
- For a third DUI with injury conviction, the IID installation period is three years.
- DUI drugs offenders are typically not eligible for an IID restricted license in San Diego.
How Will an Ignition Interlock Device Affect Me?
Failing to Install an IID
If the judge in your DUI case orders IID installation as part of your DUI probation, you will have to have an IID professionally installed in every vehicle you own or drive, with the exception of employer-owned cars and motorcycles. If you are ordered by the court to install an IID in your vehicle and you fail to do so, you could be found guilty of a probation violation, which is itself a crime. You could end up serving time in jail or facing other serious penalties as a result of failing to install an interlock device, and you would not be able to get your driving privileges reinstated until you complied with the court order to install an IID.
Applying for a Restricted License
All DUI convictions in San Diego come with a mandatory driver’s license suspension imposed by the DMV. However, you may be able to apply for a restricted license, which would allow you to drive for certain purposes, such as traveling to and from work, school or a court-ordered DUI program. This is where an IID can actually help you. In some cases, the court may only allow you to apply for a restricted license if you install an interlock device in your car. Or, for repeat DUI offenses, the court may give you the choice of serving a so-called “hard suspension” – meaning no driving at all – or installing an IID and cutting the hard suspension down considerably. If you choose the latter option, you can often get your license back after the period of hard suspension is over and have the freedom to drive anywhere you want. Under California’s new ignition interlock device law, individuals who receive an administrative driver’s license suspension imposed by the DMV can apply for an IID-restricted license before a conviction and receive credit towards their required IID restriction period if they are later found guilty of DUI.
San Diego DUI Defense
- You drove a motor vehicle,
- At the time you drove, you were under the influence or had a BAC of 0.08% or higher,
- In addition to DUI, you broke another law or acted negligently, and
- Your negligence or illegal act caused injury to another person.
If your attorney can devise a strong defense that challenges the evidence against you and prevents the prosecution from meeting its burden of proof, he or she may be able to get you acquitted, in which case you could avoid any IID installation requirements altogether.
Best Defense Strategies for DUI in San Diego
If you are facing DUI or DUI with injury charges in San Diego, it probably feels like the deck is stacked against you. However, it is possible to beat DUI charges in San Diego and avoid mandatory IID installation, so long as you have a capable and competent DUI defense lawyer on your side and a credible defense strategy on the table. The following are some possible defenses your attorney may be able to use to help you fight a first, second or subsequent San Diego DUI charge and avoid a conviction and IID requirement:
- Illegal arrest
- Illegal DUI checkpoint
- Lack of probable cause
- False positive DUI breath or blood test
- Title 17 violation
- Miranda violation
- Police misconduct
- Mishandled evidence
- No impairment
How Our San Diego Defense Attorneys Can Help
Contact a San Diego Ignition Interlock Lawyer Near Me
Our Clients Say
“Samantha Green was great handling my case. She got me from a misdemeanor to a fraction. Im happy with that. She also kept me updated on my case and i never had to call her for an update. I would definitely use her again and recommend her to people.” – Amanda K.
At Sevens Legal, APC we pride ourselves on our commitment to prompt responses to our potential clients and clients. Your case is very important to us and we will respond to you as soon as possible.
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