What Are Some Other Issues Involved In DUI License Suspensions?
How Long Do People Need To Have The Device Installed On Their Car? What Are Some Of The Costs?
On a first offense, it’s 18 months; and on a second offense, it would be 3 years.
Some people will tell you they’ll install it for free but then they’ll charge you a higher monthly fee to rent the equipment. It’s anywhere from $50 to $100 a month to just rent the equipment and to have it on there for 18 months to 3 years, it can be quite expensive.
Part of the problem with the ignition interlocks is that the person can be driving down the freeway in the middle of traffic on I-15 and the thing will start going off. So they’ll have to hurry and grab the machine and blow into it where they’re trying to drive through traffic on the interstate, and that’s pretty scary for some people. People get pulled over for careless or reckless driving because of this. They’re driving down the road and the machine goes off. They couldn’t focus and pay attention to their driving. They were weaving in their lane and they crossed the lane as they were trying to blow in the machine.
How Is Attorney Matthew Nebeker Able To Help Clients Through This Whole Process?
We assist people because we have the experience and the training and we work in this field every day. That’s how we make our living. We start by seeing what they’re currently charged with, what they’re looking at, and then we try and help them avoid all of these pitfalls. The most important thing is keeping their license and keeping them out of jail. Those are some of the big issues for most people. After that, it’s just navigating these laws and how they mix with the criminal law versus the administrative law, the ignition interlock requirement and helping them and guiding them and making sure that they don’t make the situation worst for themselves by overlooking something, by missing a date or a deadline or getting them into the right treatment facility that the judge will recognize.
That’s how we assist our clients in navigating the two systems.
What Is The Alcohol Restricted Driving Privilege?
The Alcohol Restricted Driving Privilege goes along with a DUI and the ignition interlock device.
Being an alcohol restricted driver means that you cannot operate a vehicle and have any alcohol in your system. If, after a first offense DUI, you lose the administrative hearing or you’re convicted of DUI or impaired driving, then you become an alcohol restricted driver. You are an alcohol restricted driver for 2 years on a first conviction and 10 years on a second conviction.
That means if you’re pulled over and you’ve just had one drink and the officer smells alcohol and he had you blow into the portable breath tester or he gives you some field sobriety tests. It looks like you might not be over the limit, you might be a 0.2 or 0.3, somewhere in there; he can still arrest you, impound your car and have you appear before the judge.
That’s a charge that has heavy penalties, fines up to $1,700, and jail time. An alcohol restricted driver can also cause you to have your license suspended for one year. You might have had a second offense DUI, 5 years ago, you have your license back, you’re legal, you go to a wedding or celebration of some sort and have a couple of drinks. You’ve totally forgotten that you’re an alcohol restricted driver. The officer smelled alcohol and made you blow into the machine. You’re 0.04 and this can be a violation that would cause you to get arrested and your car impounded.
A lot of people don’t know that because the judge doesn’t tell them that. The driver’s license division sends out these letters but a lot of people move or they don’t get their mail forwarded and they don’t get these letters. So, that’s another way an attorney would help. He will make sure that his client understands the implications of being an alcohol restricted driver if they are convicted of DUI or impaired driving.
For information on Other Issues Involved In DUI License Suspensions, call the law office of Attorney Matthew Nebeker for a free initial consultation at (801) 477-5009 and get the information and legal answers you’re seeking.