Legal Question in DUI Law in California
Doe's an ignition interlock devise have to be approved by the court or DMV? Or both, or where one does not the other might?
Is it mandatory for someone with a second DUI offense (above legal limit only, no other charges) to have this device. My 2nd conviction was three years ago and I am just now getting around to starting the 18 month program.
1 Answer from Attorneys
Neither. Here's how you get it.
Once you are enrolled in the program, and have proof of that enrollment to take to DMV, you can get a restricted license as long as you also have contacted your insurance company who will electronically file an "SR-22" (proof of insurance certificate, not insurance id card), install an Ignition Interlock Device (IID), and as long as you pay the reissue fees to DMV.
An Ignition interlock device (IID) is a mechanism similar to a breathalyzer which is installed in a vehicle's dashboard. Before the vehicle can be started, the driver must breathe into the device. If the analyzed result is over a programed blood alcohol concentration the vehicle will not start.
To get an IID installed, simply contact Chick Richardson's reliable Advantage Interlock Company at [email protected] or email Chick directly at [email protected] with any questions.
Visit http://advantageinterlock.com/ for details. Or Call 1-800-961-4684.
Although there is some confusion in the Vehicle Code where it says: "To install on every vehicle the person owns or operates"**, both the police and DMV are only requiring one (1) proof of installation to satisfy either's requirement.
Usual Cost:
Installation: $25 for 95% of all cars some high end imports and push button start cars can/will cost more, case by case basis
Monthly monitoring: $75
To make a DMV appointment online for that day, visit https://eg.dmv.ca.gov/foa/clear.do?goTo=officeVisit.
For a complete statewide list of programs, go to http://www.adp.cahwnet.gov/Criminal_Justice/DUI/pdf/DUI_dir2007.pdf.
So just call the program, the IID company, and the insurance company to do these things.
The program will send proof of enrollment to DMV.
Once you have the proof of enrollment and SR 22 in place, you just go to a local DMV field office and pay any reissue fees for the restricted license.
If you have any questions about your eligibility, please call DMV's Mandatory Action Unit at (916) 657-6525.
SR-22 secrets: http://www.sandiegoduilawyer.com/articles/secrets-of-sr-22-insurance.html
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