At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 886-6333

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Ignition Interlock Devices In Marin County: Everything You Need To Know After A DUI Lawyer, San Rafael CityThis article explains:

  • What are ignition interlock devices,
  • When you might be required to get one after a DUI arrest in Marin County California,
  • How long you will have to have the ignition interlock device on your car,

What Are Ignition Interlock Devices?

Ignition Interlock Devices are simple devices that are installed on the ignition of your car. They prevent the start of the vehicle until you have blown through it. If any alcohol is detected on your breath, the vehicle simply won’t start.

It is designed to avoid drunk driving incidents and keep those who have been arrested for driving under the influence from becoming repeat offenders. But not every DUI conviction results in the imposition of an interlock device.

When Is An Ignition Interlock Device Required In Marin County, California?

An ignition interlock device will only be required in Marin County or anywhere in California after a DUI conviction or DMV hearing (your APS Administrative Per Se hearing) suspends your driver’s license.

For a court conviction on a first-time DUI offense, you will typically be facing a six-month suspension, which you can either serve by not driving for six months, or by getting an ignition interlock device.

How Do I Get An Ignition Interlock Device Installed After A DUI Conviction?

Receiving and installing the ignition interlock device on your car is not enough. You will also have to jump through some hoops with DMV. You can do this by…

  • Showing them you are enrolled in a DUI school (which you have to do anyways if you got convicted of a DUI),
  • Getting SR-22 insurance (additional high-risk insurance),
  • Paying a reissue fee at the DMV, and
  • Bringing in proof that you have the ignition interlock device installed on your car.

At that point, you can get an ignition interlock device license from the Department of Motor Vehicles in California and be able to drive.

What Are The Advantages Of Getting An Ignition Interlock Device Installed On Your Car?

The best thing about the ignition interlock device option is that for those six or more months of suspension, you can still drive anywhere and anytime.

You will not be looking over your shoulder or worried about sticking to a specific route. As long as you have no alcohol in your system, you can blow into the device, start the car, and drive.

What Are The Alternatives To Having An Ignition Interlock Device Installed On Your Car?

The other options are either not driving at all for the entire length of the suspension or getting a work-restricted license. The work-restricted option requires one full month without driving, followed by 12 months of being only able to drive to and from work or any other work-related driving.

The problem with that is that you will always be looking over your shoulder to see if an officer is going to pull you over. Hopefully, you have something in writing that shows that your driving is work-related so that they will leave you alone. The last thing you want is a further investigation that shows you are driving illegally on a restricted license!

Will I Have To Have An Ignition Interlock Device Installed As Part Of My Probation In Marin County?

If you are convicted of a DUI and not a reduced charge, you will have mandatory actions you have to take. The DMV will suspend your license for at least six months because of the court conviction, though it could be longer if there was a high alcohol level.

Then, you can either not drive for six months or you can have an ignition interlock device installed on their car. After you get SR-22 insurance, show proof of enrollment in the DUI school, bring the paperwork from ignition interlock installation into the Department of Motor Vehicles, and pay a reissue fee, then you will be able to drive with the IID installed.

The third option is the work-restricted license, which would mean one month of no driving followed by 12 months of work-restricted driving, which is to and from work or other work-related driving.

So, while you do not have to have an ignition interlock device, it is one of the most flexible options for continuing to drive after a DUI conviction.

Will I Still Need An Ignition Interlock Device If I Plead Guilty To Reduce The DUI To A “Wet and Reckless” Charge?

In some cases, with the help and advice of a qualified DUI attorney, your serious DUI charge can be reduced to a less serious wet and reckless plea, which is a reduced reckless driving charge with a mention of alcohol involvement (hence the nickname, wet reckless).

These convictions do not typically result in a suspended license. There may be some mandatory actions imposed, including a hearing at the California DMV. If you do not win the DMV hearing, which is tough to win even with the help of an experienced DUI attorney, then you might receive a suspension. And if you’re suspended by DMV because of that hearing, you’re looking at four months of either no driving or driving with an ignition interlock device or a six-month work-restricted license after a month of no driving.

Ultimately, whether you choose an ignition interlock device or not after a DUI or wet reckless conviction is up to you, but it is not a decision you should undertake without the help and advice of an experienced and specialized DUI attorney. Consulting an attorney will make sure you understand all your options, and end up with the best possible outcome for your needs.

With the guidance of a skilled attorney for DUI Law Cases, you can have the peace of mind that comes with knowing an expert has your back. For more information on DUI Defense Law in Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

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