SB 1046: Interlock Law

The new law regarding DUI arrest goes into effect on January 1, 2019. The new law changes the way DUI cases are handled, additional penalties that attach to DUI offenses, and how the DMV can affect your license. I will explain in more detail below the changes.

You can read the full text for SB 1046 here.

What happens if I am arrested for a DUI starting January 1, 2019?

Generally, upon an arrest for a DUI, a person has their license taken from them, and they are given a pink, temporary license that is valid for 30 days. The officer also informs you that you have 10 days to schedule a DMV Hearing, or your license will be automatically suspended after the 30 days. If your hearing is unsuccessful, you will deal with a License Suspension from the DMV.

This suspension will mean, that if it is your first offense, you must have a 30-day “hard” suspension, where you cannot drive your vehicle during that time. Once the 30-day suspension ends, you can apply for a restricted license, to drive to and from work and an alcohol program.

Under SB 1046, you are now given different options in a standard DUI, where no person is injured:

Option 1: You can install an Ignition Interlock Device right after your arrest to eliminate the 30-day hard suspension and maintain unlimited driving privileges. The Interlock Device must remain installed for six (6) months. You must also get SR-22 insurance and enroll in the AB-541 alcohol program. As soon as you install an Ignition Interlock Device, get an SR-22, and enroll in a DUI program there are no restrictions on your driving privileges.


Option 2: You must serve a 30-day hard suspension and accept a 12-month restricted license to and from the work and alcohol program. You must also get SR-22 insurance and enroll in the AB-541 alcohol program. Thus, the restricted period will change from the standard 6 month period to one year, before you are able to obtain your full license back.

What is the difference if I caused an injury during my DUI arrest?

Upon a conviction for a DUI with injury, there is a 6-month mandatory Ignition Interlock Device requirement.

What if this isn’t my first DUI offense?
  1. If this is your second DUI: 1-year mandatory Ignition Interlock Device requirement.
  2. If this is your third DUI: 2-year mandatory Ignition Interlock Device requirement.
  3. If this is your fourth DUI: 3-year mandatory Ignition Interlock Device requirement.

What if I received my DUI before January 1, 2019?

SB 1046 only applies to DUI arrests ON OR AFTER January 1, 2019. It is NOT retroactive to 2018 DUI arrests or cases. This means that if you received your DUI arrest before this date, none of this section applies to you.

What does this mean for me?

The main takeaway is that SB-1046 does away with the mandatory 30-day hard suspension for DUI cases. In most cases, it would be wise to install it right after DUI incident (assuming it’s a clear cut case). This would reduce or cancel out any period after conviction of having the Ignition Interlock Device and would keep you on the road without any interruption to your driving privileges.

However, the main disadvantage is obviously the cost. Given that this is a new program, there is very likely a sliding-scale payment option, but nevertheless, the cost and installation will not come cheap. I can help walk you through this new law, and how it will affect your DUI case, give me a call at 909-939-7126.