By Amy Tanner – Department of Motor Vehicles – Assistant Legislative Officer
Q: Beginning Jan 1, 2019 SB-1046 Statewide (IID) Program
A: SB-1046 allows any DUI offender prior to conviction to enroll in an ignition interlock program in lieu of mandatory license suspension. Currently, offenders must wait at least 30 days before installing an IID. Under SB 1046, an ignition interlock restricted license eliminates the previously required license suspension, provided the offender enrolls in a certified IID program. In order for a participant to become eligible for the IID restricted license they must also meet DMV administrative license requirements which includes enrollment in a licensed treatment program (DDP), and provide proof of an SR22 certificate (proof of insurance) with the DMV. With an IID, the participant is allowed to drive unrestricted.
| Years | Conviction of CVC 23152 | Conviction of CVC 23153 (with injury) |
|
1 (Court Discretion/Mandate) |
6 months (DMV Admin) | 6 months with IID or 12 months restricted to from |
| 2 (with or without injury) | 12 months (DMV Admin, Mandated) | Mandated |
| 3 (with or without injury) | 24 months (DMV Admin, Mandated) | Mandated |
| 4 (with or without injury) | 36 months (DMV Admin, Mandated) | Mandated |
Q: Ignition Interlock Laws Currently in Effect Until Jan 1, 2019
A: Individuals convicted of DUI in Los Angeles, Sacramento, Alameda, and Tulare counties are required to install an IID prior to license reinstatement. This is an administrative program by DMV. There is no waiting out period.
Under AB-91 DUI offenders must complete APS hard suspension prior to the installation of the IID for a restricted license.
| Number Of Offenses Within 10 Years |
IID Restriction Period For Conviction Of CVC 23152 | IID Restriction Period For Conviction Of CVC 23153 or CA Penal Code 191.5(b) |
| 1 | 5 months | 12 months |
| 2 | 12 months | 24 months |
| 3 | 24 months | 36 months |
| 4 or more | 36 months | 48 months |
Q: DUI Offenders: 1st Offense - 3 Options VC §23152(a) VC §23152(b) Without Injury or Death
A: 1st Offense
Option 1 – Install IID Right Away
- Install an ignition interlock within DS-367 (30 days) provisional license or any time thereafter
- Can avoid the 30 days hard suspension
- Judge may also allow day for day credit for early installation of (IID) if ordered upon conviction.
- IID is required for 6-months, offender has unrestricted driving privileges.
1st Offense
Option 2 –Restricted “To-From” License
- 12-month restricted “to-from” license, can only drive to work, school, or treatment
- Only available upon conviction
- Must serve 30 days APS hard suspension
- Clientcan convert to IID at any time duringsuspension
- Credit for APS 30 days hard suspension
1st Offense
Option 3 – No Driving
- Forfeit all driving privileges for 6 months suspension period (Wait out suspension)
- Full reinstatement after serving minimum 6 months suspension with credit provided for APS 30 days hard suspension
- Proof of completion of a DUI program
- SR 22
- Pay all applicable fees
Q: DUI Offenders Without Injury
A: Second, Third, Fourth and Subsequent – VC §23152
- All second and multiple offenders are required to install the IID in order to obtain IID restricted license
- No “to-from” restricted license option available
- Installation of IID avoids APS and court suspension period
- Offender cannot wait out IID requirement or suspension period in order to reinstate DL
| Mandated IID Installation Requirement | |||
| 2nd Offense | 3rd Offense | 4+ Offenses | 4+ Offenses |
| 12 months | 24 months | 36 months | 48 months |
Q: All DUI Offenders With Injury
A: VC §23153(a, b, d, e, or g)
- DUI offenses resulting in injury or death to a victim(s) are mandated
- Immediately eligible for IID Restricted License with proof of IID,
- No hard suspension period
|
Mandated IID Installation Requirement |
|||
|
1st Offense |
2nd Offense |
3rd Offense |
4th Offense |
|
12 months |
24 months |
36 months |
48 months |
Q: Can A Defendant Who Is Charged With A Refusal Still Opt For An IID Restricted DL Pursuant To SB-1046?
A: No. Under CA Administrative Per Se (APS) laws, offenders who refuse the chemical test and defendants under the age of 21 are not eligible for optional IID restricted DL.
- Must complete their APS refusal suspension/revocation to become eligible for optional IID restricted DL
- Defendant may be subject to mandatory IID once they have completed their APS refusal suspension/revocation period depending on any prior DUI convictions
Q: If A Defendant Chooses Not To Apply For The IID Restricted DL Are They Required To Request A DMV Hearing
A: No. Defendant is never required to request DMV hearing. Although, a DMV hearing can always be requested when a defendant wants to show that the suspension or revocation is not justifiable.
Q: If A Defendant Chooses An IID Restricted DL, Can The Defendant Or His Attorney Still Request A DMV Hearing?
A: Yes. A defendant or their attorney may request a DMV hearing even if the defendant has the optional IID restricted DL.
- If DMV sustains suspension based on hearing there is no negative impact to the defendant
- Defendant may continue optional IID restricted DL for the remainder of the term imposed
Q: Does The Defendant Who Installs The Optional IID Prior To Court Conviction Receive Credit For IID Upon Conviction? For example: IID installed, SR22, and enrollment in treatment are verified with DMV 4 months prior to conviction.
A: Yes. If a defendant is on optional APS IID restrictions, the total time they serve on optional APS IID restrictions will be applied to the mandatory IID requirement.
However, it should be noted that under SB-1046, IID installation is not mandatory for all individuals convicted of a DUI by the court. For example, first-time offenders convicted of a non-injury DUI are not subject to mandatory IID installation, unless the court orders.
Please note this issue is currently under review by DMV and Senator Hill to include 1st offenders.
Q: Who Is Eligible For The “To-From” Restricted License?
A:
- First time non-injury DUI cases only.
- All other DUI offenses are mandated to install the IID as a condition of reinstating their driver’s license.
Q: Under SB-1046 If A Defendant Is Charged With “Wet Reckless” Are They Required To Serve A Mandatory DMV Suspension?
A: No. Under both current law and SB 1046 law, a conviction of a wet reckless alone will not result in a suspension. However, an APS suspension can occur for the same violation. If this happens, then the APS suspension will apply (1st offender non-refusal = 4 months; 2nd and subsequent offender non-refusal = 1 year). One example, BAC of 0.08 or higher.
Under SB 1046, APS violators may obtain an IID-restricted DL under VC §§13353.6 (1st offender) and 13353.75 (2nd and subsequent offender) immediately. Note-although a wet reckless conviction does not result in suspension, a court may require a person convicted of a wet reckless to install an IID, pursuant to VC §23103.5(g) (SB 1046). The IID period can start from 3 months but cannot be longer than the term specified in VC §23575.3 that would have applied if that person was convicted of a DUI.
Q: Can A Defendant Who Goes From A Valid IID Restricted DL And Is Subsequently Suspended Get Back Into Compliance And Restore Their IID Restricted DL For The Remainder Of Their Term?
A: Yes. A participant who falls out of compliance and is subsequently re-suspended can regain their driving privilege immediately by coming back into compliance. Please note, they will not receive credit towards their required installation period for the time they were out of compliance.
No longer requires the participant to return to DMV to file new DL920, sent by the provider.
Q: Is It The Law At The Time Of The Violation Date Or Conviction Date That Is Applied To An Individual Charged With DUI After Jan 1, 2019?
A: Violation Date.
- VC 13352(m). The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
- VC 23575(p) the requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
- SB-1046 did not contain any statutory provisions making it retroactive. Licensing requirements will be based on the law at the time of the violation.
Q: For A First Time Offender, Non-Injury, At The Time Of Sentencing Is It The Judge’s Discretion To Either Order The IID For Six Months And/Or To Allow The Defendant A 12 Month Restricted License With “To From” Privileges Or Is It Solely The Defendant’s Choice?
A:
- Option (1) A judge can order the IID six months
- Option (2) If the judge does not order the IID, the offender can choose an IID for 6 months, or choose a restricted “to from” license for 12 months
- Option (3) Defendant can also choose to wait out the 6 month suspension with no driving privileges
Q: Are There Any IID Restricted License Options For “Drug Only” Cases Under VC 23152(f, g) Or VC 23153(e)?
A: Yes.
- Unrelated to SB 1046, VC 13352a4, VC 13352a5, and VC 13352a6 allows a drug-only offender to apply for an IID-restricted license (assuming non-AB 91 pilot counties)
- Repeat non-injury and injury drug-only offenders may apply for an IID restricted license after serving 1 year of their suspension period.
- Non-injury 1st offenders have an Employment/Treatment restriction option. Injury 1st offenders have no restricted license options.
Q: Will The IID Help Commercial Drivers Retain Their CDL?
A: No. Commercial drivers will be required to downgrade to a noncommercial Class C license to take advantage of optional IID restricted DL pursuant to SB-1046.
Q: How Does SB-1046 Affect The IID Restricted License Options For Under Age Drivers (21 And Under) Pursuant To VC23152 And VC 23153?
A: If convicted, under age drivers would be treated as an adult offender and subject to the provisions of SB-1046. Accordingly, they can obtain an IID restricted license before or during the suspension period.
Q: Can A Participant Receive An Exemption To Drive His/Her Employer’s Vehicle For Business Reasons Without Having An IID In The Employer’s Vehicle?
A: Yes. The DL923 form is the method by which a driver notifies their employer of their IID restriction.
Note, employee must carry a copy of the notice while operating the employer’s vehicle.
IID still required for the personal vehicle for this exemption to apply.
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.
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