New California DUI Laws 2010

If you have been charged with or convicted of a DUI after January 1, 2010, the courts and prosecutors will implement new laws beginning January 1, 2010.

The standard guilty plea for a first-time DUI offense in Los Angeles County includes a court order to complete a first-time offender alcohol program (AB 541), 36 months summary probation, and a fine plus penalty assessments which usually add up to around $2,000.00. The standard first offender plea agreement only applies to those DUI cases that do not involve bodily injury.

However, beginning January 1, 2010, the court will also impose an order that will include the installation of an ignition interlock device (IID) in any vehicle driven by the defendant. The device will be imposed for a mandatory period of 5 months.

The IID is a device that is installed in your vehicle and requires you to blow into a machine that will measure your blood alcohol concentration (BAC). In other words, a breathalyzer. Vehicles that have an IID in place will require the driver to provide a breath sample before the vehicle will start. The IID will have a default BAC level and if the breath sample exceeds the default BAC level, the vehicle will not start.

The device is equipped with a log that stores evidence and includes all passes, warnings and failures. Since the machines are monitored every certain period of time, the collected evidence will be reported to the corresponding authorities. This is necessary not only for evidence collection, but also to ensure the IID is properly calibrated.

These devices also collect data about any circumvention and manipulation attempts. Again, any evidence found will be reported to the relevant authorities. In addition, sanctions will be imposed against those who assist in the manipulation or circumvention of the IID device.

How does the IID affect you? Many people have jobs that require them to drive for a living. For example, drivers (bus, school, courier, ambulance) may lose their jobs due to this new law. Most employers will not consent to their vehicles being equipped with IID devices so you can start the car. As well as the embarrassment associated with the act of blowing on the IID prior to power up. You are likely to be fired.

Finally, the cost of the IID device will also be a burden for you. It is your financial responsibility to have the system installed. The cost of the IID is typically around $2.50 per day, plus an installation fee that will range from $75.00 to $100.00.

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