NEW DUI LAWS EFFECTIVE JANUARY 1, 2019


The legislature has decided to greatly modify the DUI laws effective January 1, 2019.

Under the old system, a person who was arrested for even a first offense would lose his driving privilege for 30 days with no provision for a restricted license. This harsh rule caused incredible hardship for folks who were good people but made a mistake. How many of us can afford to not drive for 30 days? Loss of jobs and homes and not being able to feed your family were the potential devastating consequences. If you chose to drive illegally, the police could seize your car.

Senate Bill 1046 has made sweeping changes, but the most important point for the average person to understand is that there are now more options to avoid the previous devastating rule. Basically, for most cases, you can recover your driving privilege without any interruption whatsoever if you do the following:

1. Install an "Ignition Interlock Device." (IID)
2. Enroll in the appropriate DUI class.
3. Provide proof of insurance.

The rules are too complex to explain in this article because every situation is unique. We urge you to contact the Law Office of Mark Cantrell at (951) 784-3200 and we will be happy to explain the new rules.

MORE DETAILED EXPLANATION


However, for those who wish to explore this topic further, we have a brief summary of the relevant code sections below. All section numbers refer to the Vehicle Code, and can be easily found at:

https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH&tocTitle=+Vehicle+Code+-+VEH

Keep in mind that there are two potential suspensions in the typical DUI case.

The initial suspension by the DMV is called the "APS Suspension." The APS Suspension is done on the DMV’s own authority and does not require a criminal conviction. It is based on the DMV deciding that your blood alcohol level was 0.08 % or higher.

There is a second suspension which is called the "Mandatory Suspension." The Mandatory Suspension is triggered by a criminal conviction for a DUI, whether for drugs or alcohol.

Deciphering the "punishable under" language.


DUI punishable under section: 23536 = first; 23540 = second; 23546 = third; 23550 = fourth or more is wobbler; 23550.5 = felony if ever had a felony DUI or enumerated offenses

DUI with injury punishable under section: 23554 = first; 23560 = second; 23550.5 = felony if ever had a felony DUI or enumerated offenses; 23566 = third is straight felony and is 2-3-4 prison


NEW RULES re SUSPENSIONS


The statures are written in the Vehicle Code in numerical order but they make more sense if considered and grouped by topic.


APS SUSPENSION

13353.2 what triggers the APS suspension
13353.3 length of APS suspension; defendant is convicted from same event, can get IID restricted license immediately
13353.6 APS suspension, first offense, not yet convicted from same event, can get IID restricted license immediately
13353.7 APS suspension, first offense, can choose to not install IID, serve 30 days hard suspension, and get a five month restricted to and from employment and DUI program
13353.75 APS suspension, with priors, not yet convicted of crime, can get IID restricted license immediately

(Note 13353.4 and 13353.5 are less relevant - deal with paying fees and out of state licensees, respectively)

MANDATORY SUSPENSION


13352 mandatory suspension; length of suspension, rules re getting restricted with an IID
13352 (a) (1) First DUI not only for drugs = suspension six months - immediate IID after enroll program etc.
13352 (a) (2) First DUI with injury not only for drugs = suspension one year - immediate IID after enroll program etc.
13352 (a)(3) Second DUI = suspension two years - can get IID after 12 month suspension if only for drugs. Can get IID immediately if violation not only for drugs after enroll program etc.
13352 (a)(4) Second DUI with injury - revoked three years - can get IID after 12 month suspension if only for drugs. Can get IID immediately if violation not only for drugs after enroll program etc.
13352 (a) (5) Third DUI = revoked three years - can get IID after 12 month suspension if only for drugs. Can get IID immediately if violation not only for drugs after enroll program etc.
13352 (a) (6) Third DUI with injury - revoked 5 years - can get IID after 12 month suspension if only for drugs. Can get IID immediately if violation not only for drugs after enroll program etc.
13352 (a) (7) Felony DUI or felony DUI with injury = revoked 4 years - can get IID after 12 month suspension if only for drugs. Can get IID immediately if violation not only for drugs after enroll program etc.
13352 (a) (8) Deals with street racing
13352.1 mandatory suspension; first with high BAC and enhanced program = 10 month suspension but can get the IID license
13352.4 mandatory suspension; first offense; can choose to not install IID, immediately get a restricted to and from employment and DUI program
13352.5 mandatory suspension; second offense; can choose to not install IID, enroll in program and complete 12 months of the suspension and get a restricted to and from employment and DUI program

Note: the above relief relating to installing an IID is not available if court has already ordered an IID pursuant to VC 23575.3, i.e. due to a driving on suspended where suspension is because of a DUI.


OLD RULES


DMV CODE SECTION
13353.2 What causes an APS suspension
13353.3 What is the length of APS suspension
13352 Mandatory suspension - 13352.1 is for the high BAC
13352.4 restricted during mandatory suspension - first
13352.5 restricted during mandatory suspension - second
13353.7 restricted during APS
23575 additional penalties



Do you have a question and DUI laws for Attorney Cantrell?

Send an email to Attorney Cantrell call 951-784-3200 or contact him here