Ignition Interlocks for First-Time DUI Offenders Fail to Gain Traction in the California Assembly

California legislators continue every year to introduce new laws to crack down on drunk drivers and impose new punishments for people convicted of driving under the influence (DUI), making it more important than ever to secure strong legal representation whenever you are arrested for drinking and driving. This year, several lawmakers proposed making anyone convicted of DUI to install an ignition interlock device on their vehicle. The bill stalled in committee, where it was held under submission by the author, so while it did not become law this legislative session, it could reappear when the next session convenes in 2025. Read on to learn about this bill, and if you have been arrested for DUI in Ventura County, contact the Law Office of Paul Tyler for help from an experienced and successful Oxnard DUI defense lawyer.

AB 2210: California’s Proposed First-Time DUI Ignition Interlock Device Pilot Program

Assembly Bill 2210 (AB 2210), introduced in February 2024, proposed the creation of a First-Time DUI Ignition Interlock Device (IID) Pilot Program. If enacted, this program would require first-time DUI offenders in certain regions to install and use an IID in their vehicles. The bill was successfully voted out of the Assembly Committee on Public Safety in April and referred to the Committee on Appropriations in May. There, it was held under submission, which is a legislative maneuver indicating the author needs to work on the bill further the chair calls for a vote on the measure. Since the legislature adjourned last month, the bill is effectively dead for now and would need to be reintroduced in February 2025 to have a chance of passing in the upcoming 2025-26 legislative session.

What Is an Ignition Interlock Device (IID)?

An IID is a breathalyzer device installed in a vehicle. Drivers must blow into the device to start the vehicle, and the car will only start if the device detects no alcohol. Periodic retests while driving may also be required. IIDs are widely recognized as effective tools for preventing repeat DUI offenses.

Current IID Requirements in California

Under existing California law, IIDs are typically required for repeat DUI offenders or first-time offenders involved in accidents causing injury. Judges have the discretion to order IIDs for other cases, but they are not mandatory for first-time, non-injury DUIs.

Key Provisions of AB 2210

AB 2210 proposed creating a pilot program in select counties where first-time DUI offenders would be required to install an IID in their vehicles as a condition of license reinstatement. The pilot program was set to be implemented in Los Angeles, Orange, Sacramento, San Bernardino, and San Diego counties. The thinking behind the pilot program was to see if it would reduce the number of first-time DUI arrests. Here’s a breakdown of the bill’s main provisions:

1. Eligibility: The program targets first-time DUI offenders without requiring aggravating circumstances, such as accidents causing injury or fatalities.

2. Mandatory IID Installation: Offenders would be required to install an IID for a specified period ranging from six months to one year, depending on whether an accident causing bodily injury was involved.

3. Geographic Scope: The program would initially be implemented in the selected counties noted above as a trial. If successful, it could later be expanded statewide.

4. Monitoring and Compliance: Participants would be monitored to ensure compliance. Regular IID reports would be submitted to relevant authorities. Noncompliance, such as tampering with the device, could result in additional penalties.

5. Program Evaluation: The pilot program would be evaluated based on its effectiveness in reducing repeat DUI offenses and its impact on public safety. The results would guide decisions on whether to expand or modify the program.

Objectives of the Proposed Program

The First-Time DUI IID Pilot Program aimed to achieve several goals:

• Reduce First-Time and Repeat Offenses: Research shows that requiring IIDs for DUI offenders can significantly lower recidivism rates.

• Enhance Public Safety: By preventing drunk drivers from operating vehicles, the program aimed to reduce alcohol-related accidents, injuries, and fatalities.

• Balance Accountability and Rehabilitation: The program allows offenders to resume driving under controlled conditions, promoting accountability without overly punitive measures.

Potential Challenges to AB 2210

While the proposed program has clear benefits for law enforcement, it also raises some challenges to its passage:

• Financial Burden on Offenders: IID installation and maintenance costs can impose a significant financial strain, especially on low-income participants. The bill as written requires the driver to pay fees associated with the program in order to regain their driving privilege. Some states offer financial assistance for IID costs, and similar provisions could be considered in California.

• Administrative Logistics: Implementing the program and monitoring compliance across multiple counties could require significant resources.

• Public Perception: Expanding IID requirements to first-time offenders may face resistance from those who view it as overly harsh.

Contact Attorney Paul Tyler After a DUI Arrest in Ventura County

The First-Time DUI Ignition Interlock Device Pilot Program proposed by AB 2210 represents a significant change in the practical and financial burdens imposed on people convicted of a first-time DUI. Even though this bill did not become law in the most recent legislative session, the penalties for a first-time DUI conviction are already severe enough to make hiring an experienced DUI defense attorney worth your while. In Ventura County, contact the Law Office of Paul Tyler in Oxnard at 805-889-9000 for a free consultation to explore your options for dealing with the charges against you.