WHAT HAPPENS IF SOMEONE LOSES THEIR LICENSE IN CALIFORNIA FOR A DUI? ARE THERE ANY HARDSHIP, OCCUPATIONAL, OR WORK LICENSES AVAILABLE?
No. There is a hardship license for some juveniles, people under the age of twenty-one. If you are under the age of twenty-one and you get a DUI, you can lose your license for a year. There is no restricted license privilege. Sometimes you can apply for a hardship but they are difficult to get. You have to show that there is no other alternative to transportation for a school or work. In California, it is difficult to do if you live in any kind of urban area. Generally, not many hardship licenses are given.
After the thirty day hard suspension, in which you are not supposed to drive at all, you can get a work or occupational license. There are actually two suspensions that can go into effect. The first one is the administrative suspension, four-month suspension. That is immediately given to you when the cops arrest you. The second one is that if you are convicted of a DUI, once they get notice of the conviction, there is a six-month suspension. DMV will send the person a letter saying, “Your license is suspended as a result of the conviction for six months.” That suspension would run concurrent with the other suspension. They will overlap, you do not get penalized. It is four-month and a six-month. You generally get credit for the four-month suspension if you have already served that against the six-month one. It is not like a ten-month suspension, but it is the second suspension that goes into effect. However, you can get a restricted work license on that right away. There is no thirty-day waiting period.
Generally speaking, if the worst happens, on a first offense, you generally will only have a hard suspension for thirty days but you could wind up with a five or six-month restricted license.
WHAT IS THE IGNITION INTERLOCK DEVICE? WHO WOULD BE REQUIRED TO HAVE IT INSTALLED IN THEIR VEHICLE?
Not everyone gets to install the Ignition Interlock Device on their car. The courts will generally require one for second and third-timers. Some courts do not require it on the second time but most do on a third. For a first time, there are only four counties in California that require an interlock device on a first-time offense. They are called the Pilot counties because they are testing out this new law on these four counties. They are Alameda, Sacramento in the Bay Area and Los Angeles and Tulare. Those are the only counties in California that would require an ignition interlock device on a first offense.
The Ignition Interlock Devices are a pain for people. Any car that is registered to your name or technically any car that you have access to drive, is supposed to have that device on it. That could be a problem if you drive a company car. That is because your employer is going to find out.
In an Ignition Interlock Device, you have to blow in it before you start the car. The car will not start if it detects any alcohol in your breath. It will lock the car and keep it from starting. Another problem with it, is that sometimes after you have been driving for a while, it will warn you to pull over because it is going to lock up the car and make you blow into it. They check the driver from time to time to make sure you have not been drinking after you started the car.
Another problem with Ignition Interlock Devices it is expensive. It costs you around $60 to $100 to install. Then there is a daily fee for it. If there is a problem with it, you have to take it back to the place and have them fix it. If they feel that you have been cheating on the machine, they will send a notice to the court. You want to avoid that as much as possible. There are some companies, though, that will at least come out to your location and install it and won't charge as much as others. Most DUI lawyers know who the better companies are if you're forced to put an interlock device on. They will recommend those to their clients if that happens.
If you are not sure What Are The Consequences Of A DUI In California, call The Law Office Of Blackie Burak for a FREE Case Evaluation at (925) 933-4500 and get the information and legal answers you're seeking.