In response to an increase in public concerns over rising DUI rates, California DMV rules on DUI offenses and license suspensions were revised in 2010. With these revisions, the ignition interlock device was added as a requirement for some offenders. As a result, those who are convicted of a DUI in California may be required to install an ignition interlock device, or IID, in their car as a part of their sentencing. The IID requirement is far reaching. They must be installed in every car you drive or own. This can include cars owned by someone else that you drive or have access to. There are very few exceptions to this rule. If you drive for your work, you may be wondering whether employer's vehicle can be excluded from the order. Once an IID is installed in a vehicle, whoever drives it must submit a breath sample for the car to start. If you drive a car that is not your own, this can be very inconvenient for the car owner and this could jeopardize your employment if that car owner is also your employer. Luckily, you are not required to have an IID installed in an employer-owned vehicle that you drive in your course of employment. You are, however, required to adhere to all other conditions of your DUI sentencing.
Even though you do not have to install an IID in an employer-owned vehicle, you are still required by law to properly notify your employer of your standing IID order and thus your DUI. You must provide your employer with a notice regarding the IID restriction on your license and the requirement for keeping a copy of the notice on your person and in the car at all times. Only after they are in receipt of the notice can you legally drive the vehicle. You should know that being excused from the IID requirement in your employer's vehicle doesn't mean you can drive that car without a valid license. It also doesn't mean you can drive yours or your employer's car to and from work without an IID. The IID exclusion only extends to vehicles driven in the course or scope of your employment. Only if you apply for and receive a restricted license can you drive to and from work, even after having an IID installed by a certified installer. Installing an IID is one of several requirements to obtain a restricted license. You will also need to submit proof of financial responsibility, proof of enrollment in court- approved alcohol education classes, and pay a fee. A restricted license will be good for five months from the date of issuance if it is your first DUI offense. Your restricted license will be active for 12 months if it is your second DUI offense within ten years.
The employer-owned vehicle is one of very few exceptions to the IID order. Although you may drive your employer's vehicle without one of the devices installed, you cannot drive any other vehicle unequipped with one. There are many other rules and regulations surrounding the IID order that you should be aware of. Failing to comply with the order can result in a longer license suspension. Once you have been issued such an order, the restriction will show up on your driving record, so an officer stopping you can be aware of the restriction. Tampering with or trying to circumvent the device in any way will be evident and will be reported to the court by the installer who maintains and calibrates your device. You should consult with an experienced California DUI defense attorney if you are facing DUI charges and drive during your course of employment. Whenever your ability to perform your job is on the line, a DUI charge is well worth fighting.
Are you or a loved one in the Tulare, Kings or Fresno County area and are facing DUI charges? Visalia criminal defense attorney Christopher Martens can advise you on how your DUI charges can affect your license and your job. With over ten years of experience as a dedicated criminal defense attorney, Christopher Martens can help you navigate the DUI process. At The Law Offices of Christopher Martens, every client gets the respect they deserve. Contact our Visalia or Hanford offices at 559-967-7386 or email us at [email protected] to discuss strategic options for handling your case.
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