In many states, people convicted of certain DUI offenses will often be required to install ignition interlock devices on their vehicles. While generally, this requirement is reserved for DUI offenses that are considered more serious or repeat offenders, the California legislature recently proposed a bill seeking to mandate ignition interlock devices for all people convicted of DUI. While the bill is still pending, it could suggest a potential shift in DUI legislation within California and potentially other states. If you are facing DUI charges in Illinois, it is advisable to seek guidance from an Illinois DUI defense attorney regarding your available defenses.
The Proposed California Law
It is reported that California Assembly Bill 2210 (AB 2210) proposes to mandate the installation of interlock ignition devices in vehicles of individuals convicted of driving under the influence in California. AB 2210 builds upon existing legislation by extending the requirement of IIDs to first-time DUI offenders, with varying durations of installation depending on the number of offenses. Under the proposed law, first-time offenders would be required to have an interlock ignition device for up to six months, while repeat offenders would face longer installation periods.
Allegedly, proponents of the bill argue that interlock ignition devices are effective in reducing recidivism in drunk driving incidents, with a study by the California Department of Motor Vehicles indicating a 74% reduction compared to license suspensions. However, groups like the ACLU oppose AB 2210 due to concerns about the financial burden it may impose, particularly on low-income drivers. Despite opposition, the bill passed the Assembly Public Safety Committee, signaling potential progress toward implementation.
Illinois Law Regarding Ignition Interlock Devices
In Illinois, the law mandates the installation of ignition interlock devices for specific DUI offenders as part of the Monitoring Device Driving Permit (MDDP) program. This program allows individuals convicted of their first DUI offense to apply for an MDDP, allowing them to drive with an ignition interlock device installed in their vehicle throughout the statutory summary suspension period. For people convicted of first-time offenses offenders seeking to drive during the suspension, ignition interlock devices are compulsory.
The duration of the ignition interlock device requirement hinges on the blood alcohol concentration (BAC) level at the time of arrest. If the BAC was 0.15% or higher, the offender must utilize the ignition interlock device for six months. Conversely, if the BAC ranged between 0.08% and 0.14%, the ignition interlock device requirement is reduced to one month.
Moreover, for repeat DUI offenders or individuals with prior statutory summary suspensions, ignition interlock devices may be necessitated as a condition for obtaining a Restricted Driving Permit or complete reinstatement of their driving privileges. Non-compliance with the ignition interlock device mandate can lead to license suspension or other penalties. This comprehensive framework aims to enhance road safety and deter DUI recidivism by requiring the use of ignition interlock devices for certain offenders, thereby mitigating the risks associated with impaired driving.
Consult a Seasoned Illinois DUI Defense lawyer
If you are accused of committing a DUI crime, it is in your best interest to consult an attorney about your possible defenses. Attorney Theodore J. Harvatin of the Harvatin Law Offices, PC, is a seasoned DUI defense lawyer with the skills and resources needed to help you seek a favorable outcome. You can reach Mr. Harvatin by calling 217.525.0520 or using the online form to arrange a conference.