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Driving Under the Influence – Ignition Interlock Device (SB 1046, Hill): From January 1, 2019 to January 1, 2026, this law mandates repeat offenders for driving under the influence (DUI) and first DUI offenders whose violations resulted in injury, to install an ignition interlock device (IID) for a period ranging from 12 to 48 months. This law also allows those who receive a suspension under the Administrative Per Se law to obtain an IID-restricted driving privilege, and receive credit toward their required IID restriction period if they are later convicted of a DUI. These provisions apply to DUI violations that involve alcohol or the combined use of alcohol and drugs. They do not apply to drug-only violations. Additionally, courts have the discretion to order a non-injury first DUI offender to install an IID for a period of up to 6 months. If the court does not order IID installation, a non-injury first offender may apply for a driver license for IID restrictions or restrictions that allow them to drive to, from, and during their employment and to and from a DUI treatment program for 12 months. Previously, an IID pilot program was only in effect in Alameda, Los Angeles, Sacramento and Tulare counties.
In California, DUI is governed under the Vehicle Code Section 23152 (a) and (b);
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
As a Santa Ana DUI lawyer, I go out of my way to insure you are protected in court and with DMV. However, you only have 10 days to report to DMV your arrest for DUI and to request a DMV hearing in order to protect your driving privileges. You must call us immediately after your release in order to give us a chance to help request your DMV administrative hearing before the 10-day deadline.
Should the DMV rule against you despite our efforts during the DMV administrative hearing, we will help guide you with obtaining your restricted driver's license. A restricted driver's license is easier to obtain if it's your first offense and you have a legitimate reason for being able to drive in limited situations such as; to and from work, to and from child's school and to and from necessary medical appointments. There maybe other legitimate causes and we can help assess if they would be applicable to you.
Most DUI arrests happen during holidays, at checkpoints, and sporting events. DUI arrests in Santa Ana often happen in major streets such as Harbor BLVD, Main Street, Bristol Street, Edinger Avenue, Warner Avenue, First Street and other such larger streets. Larger streets are major arteries with lots of traffic, increasing the odds of finding a drunk driver. If you find yourself having had a few drinks, it's always best to call a ride service company or a taxi. However, if it's too late, please call us and we'll help mitigate your damages. It's a very tough proposition to go alone against the district attorney in DUI cases.
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Copyright © 2019 Law Office of Wais Azami - All Rights Reserved. California Bar License #312092. The information within this website is NOT LEGAL ADVICE but merely meant to be general information for academic or other informational purposes. Please call our office to discuss your specific needs in order to obtain legal advice. Further, I do not guarantee the accuracy of any law nor accuracy of the translations conducted by Google--Please call our office to verify all questions and concerns.
Orange County Criminal Defense Attorney
Law Office of Wais Azami
1851 E First St Suite 901, Santa Ana, CA 92705