DUI laws in California are very strict, particularly when it comes to repeat offenders. If you've been arrested for DUI, you may be facing a Driver License suspension. This can come in a variety of forms. For a first-time offense, a license suspension can be for up to four months. If you've had more than one DUI offense, you'll need to determine whether you're a good candidate for an ignition interlock device.
California DUI law is extremely strict on repeat offenders, and the punishments can be severe. A third offense can mean jail time and additional license suspension time, not to mention the installation of an ignition interlock device in a vehicle. Repeat offenders can expect to pay thousands of dollars in fines, and their license will be suspended for up to 10 years.
Repeat DUI offenders face felony charges. This is regardless of the circumstances of their arrest, the blood alcohol content of the driver, or other factors. These consequences can drastically affect a person's life. Because of California's Three Strikes law, repeat DUI offenders are especially vulnerable to felony convictions.
If you have a history of DUI convictions, it is vital that you understand the law's specific penalties. First time offenders are subject to a six-month jail sentence, a $1,000 fine, and a mandatory alcohol education program. Repeat offenders also face additional costs, such as higher insurance premiums.
Repeat offenders also face jail time, license suspension, and probation. Repeat DUI offenders may be required to complete drug treatment programs before their licenses can be restored. Many states also offer driver intervention programs to help repeat offenders make better choices and avoid reoffending.
If you have been arrested for DUI and you've been told that you've been suspended from driving, you may be eligible to request an administrative hearing. These hearings are held at the Office of Motor Vehicles hearings and are conducted by a Hearing Officer. At these hearings, you will need to present evidence to support your right to drive.
Administrative license suspensions are not criminal proceedings, but do require that you take a chemical test. Fortunately, these suspensions are only temporary. And unlike a criminal trial, you will not be convicted. The arresting officer can also suspend your license based on a chemical test refusal.
An administrative hearing will take place in a separate hearing from the criminal case. The hearing will be conducted by a hearing officer or by a DMV commissioner. An administrative hearing will focus on whether the stop and chemical test were legal and whether you complied with the law. In addition, the hearing officer will review your driving record.
Administrative suspension of driving privileges for DUI can be overturned if you successfully contest the suspension. The hearing officer will examine the evidence presented by the state, and he or she will decide whether the arrest was lawful. If the officer proves that there was probable cause for the arrest, the hearing officer will likely affirm the suspension.
If you have been convicted of driving under the influence, the licensing agency may require you to complete an ignition interlock device program. This program is designed to provide an alternative to license suspension through a point system. It is effective for a year and a half, and you will have to wear the ignition interlock device for at least 14 months. After that, you can receive a conditional license.
Most DUI/DWI offenders believe that the ignition interlock device program reduces their chances of driving after drinking alcohol. Even family members report that the program has made a difference in the driver's drinking habits. The device is also a good way to ensure that you are not arrested for driving under the influence again.
If you have a second or third DUI conviction, your court will probably require that you install an ignition interlock device on your car. The court will also set a period for you to use it. There are exceptions to this requirement, including medical reasons and financial hardship. Another exception is if you're employed or live within a 100-mile radius of a manufacturer or an agent.
In Maryland, the program was implemented in 1989 and is monitored by the Motor Vehicle Administration (MVA). It is fully automated and allows the MVA to closely monitor the progress of each participant. The state has the sixth highest number of ignition interlocks installed and the ninth highest usage rate in the nation. Participants may also opt to install a camera with the ignition interlock.