In 2009 I was found guilty of felony DUI (someone put GHB in my soda and i drove off. pulled over passed out and the ghb was then found in my drink) I have paid all fines fees. The judge that heard my case was not a criminal judge and gave me 2 years of the ignition interlock system. He mentioned it was mandatory. Recently my car broke down i was told it would cost well over $700 to have it fixed. I am disabled and cannot afford the repairs for months. I was told today that if i do not have my car in working order before my next monthly monitoring they will remove the interlock device and i will loose the $1000.00+ that i already paid into it AND will receive no credit for the over 11 months they have already monitored. Then of course once i have a working auto i will have to have the device reinstalled and begin at day one and dollar one. I also recently found out 2 years is mandatory IF you are over a certain BAC limit or have a minor in the car. Neither apply to me. i sent a letter to the judge that heard my case ,asking him to consider reducing the sentence to one year. The judge that heard my case is no longer there. AND now im told this is all up to the DMV anyway. AAARRGG! No one seems to be able to give me a STRAIT TRUE ANSWER, HELP!!!
1 Answer from Attorneys
Actually you are getting straight answers (for the most part). It is true that you MUST be sentenced to a 2-year interlock on a felony DUI. It is also true that no judge, whether it be the original judge, a new judge, or a Supreme court justice, can change that and it is strictly up to the DMV to enforce this. What I am not sure about is the "credit for time installed". I believe the DMV is probably, but not necessarily, correct that you would have to serve the full 2 years over again if you didn't maintain it correctly. You are not entitled to any money back whether they are correct or not. I know it may be a struggle, but the only easy answer is the one you don't want to hear and that is to do everything possible to get the car working. Alternatively, you could put it in a different car if you can establish that you regularly drive that different vehicle. You will have to pay whatever fees required to change it, but that could be an option for you. Of course, that may not be a feasible option financially since buying a different car is usually more expensive than reparing one, but it is an option.
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