Effective July 1, 2010, Vehicle Code Section 13352 was amended to incorporate the provisions of SB 598 and SB 895, laws enacted by the legislature and governor providing for shorter license suspension periods for 2nd and 3rd DUIs in exchange for installation of Ignition Interlock Devices. It is important to remember that this is a statewide law and is distinct from the Ignition Interlock Device test program that is being run in Sacramento, Los Angeles, Tulare, and Alameda counties. Click here for details on that program, detailed in VC 23700.
VC 13352(a)(3) states that drivers convicted of a second DUI within a ten year period may get a restricted license after 90 days if they install Ignition Interlock Devices (IID) on their vehicles. (A restricted license allows driving to and from work and in the course of employment, and to and from DUI related education classes.) If IIDs are not installed, the term of license suspension is two years.
VC 13352(a)(5) states that drivers convicted of a third DUI within a ten year period may get a restricted license after six months if they install IIDs on their vehicles. If IIDs are not installed, the term of suspension is three years.
Driving under the influence offenses that involve reckless driving, drugs, injuries, or factors can result in enhanced penalties.
The following requirements must be met to qualify for a restricted license under VC 13352:
- Proof of enrollment in, and continuing satisfactory participation in, an 18 month or 30 month DUI education program;
- Proof of installation of an Ignition Interlock Device;
- Proof of insurance;
- Payment of all related fees and of all administrative costs associated with the new law's provisions.
If you have questions about this new Ignition Interlock Device law, contact the Law Office of Nancy King at (916) 442-1200.
