Ignition Interlock Devices: Post-DUI Miracle Or Marin County Nightmare?
This article discusses the use of Ignition Interlock Devices (IIDs) in Marin County, California, after being arrested for Driving Under the Influence (DUI). These devices are essentially breathalyzers temporarily installed in your car that prevent it from starting if you have any alcohol on your breath.
The article explains:
- When you might need to get an Ignition Interlock Device in Marin County after a DUI
- What are the alternatives to getting an Ignition Interlock Device after a DUI
- Why so many drivers arrested for DUIs are receiving offers or mail about IIDs and what to do about them.
Is An Ignition Interlock Device Required After I’m Arrested In Marin County On DUI Charges?
There is no requirement for an ignition interlock device to be installed in your vehicle immediately following your arrest for driving under the influence. However, it can be done voluntarily or be imposed by the state as a result of an eventual court or DMV hearing ruling.
You will receive a court date after you’ve been arrested. This is where a good DUI specialized attorney can help you get the best possible results, which might include having an IID installed. There will always be some requirements from the court, such as mandatory attendance at AA meetings while the case continues.
When Will A Marin County Court Impose An Ignition Interlock Device After A DUI Arrest?
In more extreme DUI situations, the court may impose an ignition interlock device on your car for you to keep driving for the duration of the case, but that is pretty rare.
Typically, the court will suspend your license once the case is over and you get convicted of a DUI. Then, in order to be able to drive for the duration of that suspension, you will need an ignition interlock device, an IID, installed in your car. You will also need an ignition interlock license from the Department of Motor Vehicles in California.
How Does An Ignition Interlock Device License Work And When Would I Possibly Need One?
If it is your first DUI offense and you are convicted in court, you will be looking at either six months of no driving or six months of driving with an ignition interlock device in a car. Though due to the ignition interlock license, that is the only car that you will be allowed to drive as it has to have an ignition interlock device in it.
What Are The Alternatives To An Ignition Interlock Device After A Marin County DUI Conviction?
Ignition Interlock Devices are not the only option you have after a DUI arrest. Obviously, you can simply choose to not get one. If you do choose not to get one, you will not be able to drive for the duration of the suspension, which can be anywhere from 6 to 18 months.
Alternatively, you can go one month with zero driving under a full suspension, followed by 12 months of work-restricted driving. This means you will only be authorized to work-related driving, including to and from work.
Ultimately, it can be up to the court to determine whether they will require the ignition interlock device or allow you to get a work-restricted license. They usually don’t in most counties and, in Marin County, it is virtually unheard of. It will generally be up to the actual defendant who has been convicted to decide, though a good DUI lawyer will help you understand the advantages and disadvantages of each option.
Be Careful About False Promises By Ignition Interlock Companies
You will need to watch out for solicitation letters that will say you need an IID, which might even look like they are from the DMV. They are not. Similarly, companies will call you up and say, “Hey, we will get you driving again” when legally you can already drive (before a conviction, for example).
When they say, “We will set a hearing for you with DMV and/or get your ignition interlock license, and we will walk you through this for far less than it would require to hire a lawyer” what they mean is “Give up your rights and choose OUR alternative”. Accepting would be a big mistake.
These companies are misleading you. They are not lawyers and you would just be surrendering all your constitutional rights away by giving up before the fight even begins. As a result of listening to someone like that, you may end up having longer suspensions. After all, these companies want you to have to pay them for as long a period as possible!
When these companies call, treat them like you would any telemarketer. That is exactly what they are. Hang up the phone and make sure you call the best DUI lawyer that you can in Marin County. Choose someone who will have your best interest at heart.
Why Am I Getting Letters Saying I Need An Ignition Interlock Device From Companies Like Intoxalock?
These companies are engaged in aggressive and predatory marketing and sales tactics. You are getting these letters because companies out there want to make money and they don’t care about people. Sometimes these letters even look like they are from the DMV. Regardless of what they say, you DO NOT have to get an Ignition Interlock Device immediately.
You are getting these letters because after you got arrested or went to jail after a DUI, the sheriffs shared your information with a news reporting company. This company, in turn, sold it to Intoxalock or unscrupulous attorneys so that they can solicit you. And these companies will send you multiple letters, too. At some point, you will even get one that says, “Last chance to get your interlock ignition device”. But this is simply untrue, you do not need an interlock right when you get arrested for a DUI. As explained above, you may eventually want to after a conviction, but you should chuck those letters.
What About All These Letters I Am Getting From Lawyers And Attorneys?
Interlock companies are not the only ones to bid/buy your information. Certain types of lawyers or law firms do so, as well. Lawyers will send you letters and offers designed to get you to hire them instead of going online and doing your research, talking to people, and finding the best lawyer you can.
All of a sudden you will be getting 10, 20, 30 letters from lawyers all over California saying, “Hey, hire us. We are good. We do this, we do that” but it is all still sales/marketing material. These are not lawyers who typically deal with DUI defense in Marin County. These are big firms or desperate lawyers who do general criminal defense who are hoping that some catchphrase or discount will get you to hire them.
Worse, anybody who sends you either kind of offer in the mail about a DUI is informing everyone at your house who could get your mail, and even your letter carrier, that you’ve got a DUI. So much for privacy. Unfortunately, California law allows it to happen, but they also encourage recycling and that is exactly where you should put all these misleading offers.
What Do I Need To Do To Get An Ignition Interlock Device After A DUI Arrest In Marin County?
Remember that If you do need an ignition interlock device on your car, it would be after a court DUI conviction happens or after a DMV suspension. A great DUI lawyer in Marin County can walk you through the timing of getting that IID, as well as the other requirements and important considerations.
Firstly, you will need to get SR-22 insurance, which is high-risk insurance that you get on top of your regular insurance. You need to be enrolled in a DUI school. You need to pay a reissue fee and you need to bring in ignition interlock paperwork from the installer to the DMV to get that physical ignition interlock restricted license from DMV. There are plenty of steps and it is important to get them right.
An experienced Marin County DUI lawyer will be able to help and will walk you through every step from start to finish, while also ensuring that an IID is indeed your best option, and will be required for only the shortest possible amount of time.
With the guidance of a skilled attorney for DUI Law Cases, you can have the peace of mind that comes with knowing an expert has your back. For more information on DUI Defense Law in Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.