Sunday, October 7, 2012

DUI License Suspension And The Ignition Interlock Device

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

If you have been arrested for a DUI in Orange County, whether it is a drug DUI, a DUI with injury, or just the run-of-the-mill drunk driving you not only face stiff DUI penalties resulting from the court proceedings but you also face a DMV hearing and a probable license suspension for the DUI. Losing your driver’s license in Orange County can be a very difficult prospect and you will want to get back on the road as soon as possible.

Until recently, if you were convicted of a second-offenseDUI in Orange County there was simply no way of getting a restricted license until you had served a minimum of one year of suspension. This meant NO DRIVING for one year. And, as any Orange Count DUI lawyer will tell you, if you are caught driving on a suspended license where the suspension was imposed because of a DUI it means a ten day minimum jail sentence. Of course it is extremely difficult to maintain a job and handle all of your family responsibilities without being able to drive at all.

However, effective July 1, 2012, drivers convicted of a second or third offense DUI in Orange County can get a restricted license sooner if they do the following:

1)      Enroll in a California licensed 18-month alcohol program;
2)      Provide the DMV with an SR-22, which is a form of proof-of-insurance;
3)      Pay a $125.00 license fee; and
4)      Install and maintain an Ignition Interlock Device.

An Ignition Interlock Device, or “IID” for short, is a small breath-testing device that will not allow a driver to start the car unless the driver’s breath is alcohol free. There are several IID providers in Orange County and you can contact your DUI attorney in Orange County for a list. The charge is typically around $60 to $70 dollars a month to lease the device and this fee should cover installation and maintenance.

A driver convicted of a second-offense DUI in Orange County may be eligible for a restricted license after just 90 days of suspension if the driver complies with all four requirements. For a third offense a driver may be eligible after serving 180 days of suspension. However, your DUI lawyerin Orange County will tell you that this law does NOT apply to drivers who are convicted of a DUI where drugs are involved. The DUI must be an “alcohol only” DUI. If you were convicted of a second or third offense DUI in Orange County that was based in any part on drugs, then you are not eligible for a restricted license until you have served at least one year of suspension. Likewise, if your DUI conviction was based on a refusal to take a breath test or blood test, you are NOT eligible for the IID program and must serve your full suspension period.

If you’ve been charged with a  DUI in Orange County it is important that you consult with an Orange County DUI attorney. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an OrangeCounty DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro
DUI Lawyer in Orange County
Orange County DUI Attorneys

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