Last year the California legislature and Governor Schwarzenegger passed a law (SB 598) that would give people convicted of 2nd and 3rd DUIs the option to obtain a restricted driving license sooner than under existing law if they agreed to install ignition interlock devices (IIDs) on their vehicles. (Ignition interlock devices require the driver to blow into a device that tests for alcohol on the breath. If any alcohol is present, the vehicle will not start.) Because of ambiguity in the law's text, however, "clean up" legislation has been introduced to clarify the law's intent.
The confusion stems from the fact that in California people convicted of DUI face two separate processes that can result in suspension of driving privileges. The first takes place in the courts, which upon conviction of Vehicle Code 23152 (a) or (b) can suspend a driver's license. The second takes place through the Department of Motor Vehicles, which through an Administrative Per Se hearing can also suspend a driver's license for driving with a blood alcohol content of 0.08% or higher.
The language of SB 598 focuses on court proceedings and omits mention of the DMV process. SB 895 has therefore been introduced to fix this oversight. Passage of the legislation appears imminent.
What this means is that people convicted of a second DUI within a 10 year period will have the option of getting a restricted license 90 days into their license suspension period if they agree to install ignition interlock devices on their vehicles. People convicted of a third DUI with a 10 year period will have the option of getting a restricted license 6 months into their license suspension period if they install IIDs. A restricted license allows driving related to employment and to and from alcohol education classes.
Our understanding at this time is that the new law will apply only to arrests made on or after July 1, 2010. [Note: This issue remains unsettled as of 6/15/10. We will update the blog as information becomes available.]
