There is confusion at the Department of Motor Vehicles about application of the new law requiring all drivers found guilty of DUI in Sacramento, Los Angeles, Tulare, and Alameda counties to have ignition interlock devices (IIDs) installed in their vehicles.
DMV personnel have stated that upon installation of IIDs under VC 23700, drivers should receive a restricted license, which allows driving only in the course of employment and to and from DUI education classes. As passed by the legislature and signed by the governor, however, the new law does not appear to require DMV to issue only restricted licenses. For example:
- VC 23700(a)(3) states that people convicted of DUI in the test program counties must install IIDs "Before a driver's license may be issued, reissued, or returned." No mention of a restricted license there.
- VC 23700(a)(4) states that upon obtaining the reissued license "the driver is restricted to driving only vehicles equipped with a certified ignition interlock device." Restriction in this context pertains only to operating vehicles with IIDs.
- VC 23700(a)(7) refers to the convicted person "being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated." Though this passage references restricted licenses, it does not state that DMV must issue only restricted licenses.
