In this article, you can discover…
- The purpose and impact of Assembly Bill 366.
- How soon the bill will go into effect, and who it will impact.
- How an experienced DUI attorney can help mitigate the impact of this bill.
What Is Assembly Bill 366 And What Does It Propose?
Assembly Bill 366 is a bill that has been introduced into the California Assembly. It proposes that if you are convicted of a DUI in California, to retain the ability to drive with a restricted license, you must have an ignition interlock device installed in your car, even for a first-time offense.
Along with the ignition interlock device (IID) being installed in your vehicle, you must also enroll in DUI school, acquire additional SR-22 high-risk insurance, and pay a reissue fee to the California DMV. Only then can you drive (with restrictions) until your license suspension period ends.
The California Assembly has tried to get this bill passed for many years, and it seems likely to pass and become law in 2025.
What Stage Is AB 366 Currently In Within California’s Legislative Process?
In California (and in many other states), we have an Assembly and then we have a Senate at the State level. The Assembly has already passed AB 366. The bill has also been approved by the Senate Public Safety Committee, and it is now up for a vote in the State Senate. I fully expect AB 366 to be passed by the Senate. If this happens, the bill then goes to the Governor for signing and becomes law.
There may still be hurdles to this bill passing, and opposition has mostly come from legal organizations seeking to protect the indigent and those who can not afford the costs associated with the required ignition interlock device. However, these issues are being addressed within the bill itself, by ignition interlock companies using a sliding scale to help lower-income Californians better afford those fees. Another possible roadblock to this new law passing is the Department of Motor Vehicles. DMV has a history of pushing against laws that create more work for their employees. Requiring IID’s for all first time offenders and getting rid of the work restriction only option will result in at least 50 percent more IID applications for DMV. That means more employee hours as there is much more regulation required for IID’s than work restricted licenses.
DMV is against everything that means more human hours. They have been cutting every corner imaginable per orders from leadership and this would mean they need to hire and pay more employees. Any move against AI at DMV is not ok by DMV leadership, so we shall see what happens when they have their say on this new law.
How Soon Until The Bill Goes Into Effect?
It depends. AB 366 could go into effect almost immediately, in late Summer of 2025. The current legislation governing ignition interlock devices is set to expire at the end of 2025, meaning AB 366 could also go into effect on January 1, 2026.
Why Are Lawmakers Targeting First-Time DUI Offenses?
No lawmaker wants to go easy on DUIs, and it’s human nature not to be favorable towards drinking and driving. Many Californians have suffered losses and personal tragedies because of DUI accidents, and there has been a considerable push to make laws stricter to avoid recidivism.
Studies have come to different conclusions, but there is evidence that having an ignition interlock device installed makes a driver less likely to reoffend. I have actually had some clients with multiple DUI offenses tell me that if they had a device installed after their first DUI, they wouldn’t have had a second or a third.
Will Certain Vehicle Owners Face Issues With AB 366?
This is likely. Certain vehicles, such as specific Tesla models and the Chevy Volt, for example, are not compatible with an ignition interlock device. And Tesla owners are often told that installing such a device on their vehicle could void their warranty. This would force those convicted of a DUI to buy a different vehicle. These challenges will arise if AB 366 is passed, and will have to be dealt with on an individual basis.
How Soon Would Offenders Need To Install An IID Under The Bill?
Upon conviction, notice of your conviction is sent to the Department of Motor Vehicles and the Mandatory Actions Unit in Sacramento. This triggers the DMV to input your license suspension into their computer and send you a notice that your license has been suspended.
Once you get that notice (should AB 366 pass), you will be required to have an ignition interlock device installed if you want to continue driving. Typically, you will receive the notice four days after it has been sent out. However, the safest thing to do would be to have the device installed once you are convicted of a DUI and not wait. Mail can get lost, and you do not want to be pulled over for driving on a suspended license. It is important to have an experienced DUI Attorney who can guide you through this process.
What Are The Logistical Challenges For First-Time Offenders?
Many people struggle with the cost of an ignition interlock device. This is something AB 366 seeks to address through a sliding scale based on your income. There are monthly fees for having the device in use in your car, as well as installation fees, removal fees, and other fees.
Getting enrolled in a DUI school can also prove challenging for first-time offenders, as the DMV has recently clamped down on enrolling in different counties.
San Mateo County won’t allow you to enroll in DUI school until you’ve been to court and received an order from a judge to enroll. This could mean waiting six to 12 months to get your ignition interlock device, as the DA’s office in many counties can be quite slow to file cases.
You may also have a job that will not allow you to continue working if you have an ignition interlock device installed. Or, you may drive a make and model of vehicle (such as a Tesla) whose warranty would be voided if such a device were installed. Those will be some of the main logistical challenges of AB 366 for residents of Marin, San Mateo, San Francisco, and other counties in California.
How Long Would The IID Requirement Last For A First Offense?
In all likelihood, the ignition interlock device would be installed for the six to 12-month period of your license suspension. If this is your second or third offense, the device may be on your vehicle for a year or more, at least until you have completed DUI school. Most first offense conviction suspensions will result in a six month suspension unless you are required to do a nine month DUI School instead of a three month DUI School.
What Role Will Attorneys Play In Mitigating This New Mandate?
Attorneys will play a very strong role in helping clients navigate AB 366, and this is why it’s so important to hire an attorney who deals exclusively with DUI law. The attorney you hire has to understand the law, understand how new laws impact your case, and be able to explain to you how these laws will affect you.
For example, once AB 366 goes into effect, you will receive pre-conviction credit for installing an IID following your arrest. However, you will still have just 10 calendar days in California to request an administrative hearing with the DMV. If you don’t request a hearing, your license will be automatically suspended starting 30 days from the date of your arrest.
An attorney will help you navigate all of this, meet these strict deadlines, and, should you lose your license, help arrange to have an ignition interlock device installed as soon as possible, along with making sure you qualify for the IID license by guiding you to get SR-22 insurance and DUI School proof of enrollment.
What Qualities Should I Look For In A DUI Defense Attorney?
Experience, knowledge, and a track record of success are key when choosing a quality DUI lawyer. Over the course of my legal career, I have taught both younger and older lawyers the various and ever-changing DUI laws, DMV regulations, and how to win a DMV hearing.
Your attorney should also be well-versed in the administration and interpretation of standardized field sobriety tests. For example, I’ve taken an advanced course with California Highway Patrol instructors on what officers in the field look for and how to properly administer a test. As a result, I know exactly what I’m looking for when reviewing body cam footage, dash cam footage, and police reports related to field sobriety tests.
An experienced DUI lawyer gives you the best chance possible of winning your DMV hearing, court case, or getting the charges you face reduced or dropped. When you’re arrested for a DUI, make your first call to my law office for practiced, proactive help.
Still Have Questions? Ready To Get Started?
For more information on Assembly Bill 366 in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.
Attorney Aaron Bortel is an experienced, respected DUI attorney serving California. Since 1992, he’s helped clients just like you navigate new and changing DUI laws, protect their driving privileges, and fight back strategically in hearings and in court.
Have questions, or in need of legal representation? Reach out to the Law Firm of Aaron Bortel for an initial consultation today.
