Understanding SB 1046: Changes to DUI Arrests and Penalties Explained
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 New Window Bill Text –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.
OR
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?
- If this is your second DUI: 1-year mandatory Ignition Interlock Device requirement.
- If this is your third DUI: 2-year mandatory Ignition Interlock Device requirement.
- 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?
Senate Bill 1046 (SB-1046) introduces significant changes to the handling of DUI cases in California, primarily affecting the mandatory 30-day hard suspension previously enforced. Now, in many instances, opting to install an Ignition Interlock Device (IID) immediately after a DUI incident can mitigate or even eliminate the need for a hard suspension post-conviction, allowing individuals to maintain their driving privileges without interruption.
However, it’s crucial to weigh the financial implications of this decision. While the installation of an IID facilitates continuous driving privileges, it does come with associated costs. Given that this is a relatively new program, there may be various payment options available, potentially including a sliding scale based on income, but the expenses related to installation and maintenance of the device are an important consideration.
Navigating the complexities of SB-1046 and understanding how it affects your specific DUI case requires a detailed and informed approach. I am committed to providing you with clear, comprehensive guidance on these new regulations and assisting you in making informed decisions about your case.
If you’re facing a DUI charge and are considering the installation of an IID or simply need advice on how SB-1046 might impact your situation, don’t hesitate to reach out. Give me a call at 909-939-7126. With up-to-date knowledge on the latest DUI laws and a commitment to personalized, effective legal counsel, I’m here to help guide you through this process and ensure the best possible outcome for your case.
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