The Struggles and Hardships Faced by People Charged with DUI Offense

Unfortunately some clients experience a domino effect of bad luck when charged with a DUI offense. It is a common occurrence for people to get arrested for a DUI, and as a result of that, they may lose their job. As a result of losing their job they may lose their home and be unable to afford any fines or fees or classes that may be required by the court; they may not be able to afford the ignition interlock device in the car. People may be forced into a position where they’re choosing between putting food on the table and complying with the court’s order. It’s a very delicate situation, and it’s very difficult. The most important thing in situations like this is to keep the judge or the court informed ahead of time of what’s going on. One may ask for accommodations to avoid dire financial ordeals.

It’s something to be taken into consideration when deciding whether or not to plead not guilty or no contest to a DUI. If we know that a conviction for a DUI is going to trigger certain consequences at work, which would result in someone suffering severe penalties, it would be different for them than somebody else. We need to seriously consider not accepting any deal that would result in the loss of a job. We always have the right to a jury trial, and that’s something that should be considered.

The Cost of an Ignition Interlock Device

The ignition interlock is a relatively new device. Los Angeles County is a pilot county in California, so anybody convicted of a DUI – first, second, third – would be required to install the ignition interlock device and maintain the ignition interlock device. The ignition interlock device has to be installed in the car. Depending on which company you go with, they will install different equipment, and they will have different quality providers. Likewise, different cars require different types of installation.

An average cost for installation of an ignition interlock device may be $100. Just like paying to have an ignition interlock installed, the companies want you to pay to have it removed since the equipment is usually leased. You’re looking at maybe another $50 or $75 at the end of the term to have the ignition interlock device removed.

While the ignition interlock device is installed on the car, it needs to be checked and maintained on a regular basis. That requires the car be taken to a service location so the device can be checked for accuracy and calibrated, plus printouts (downloads) will need to be done. There’s typically a fee for that. It would not be unusual to be about $75 a month for maintaining the machine while it is in the car.

There are several companies in Los Angeles that provide ignition interlock devices– some companies are better than others, and some equipment is better than others. Keep in mind if the equipment is not the highest quality equipment – if it malfunctions or doesn’t work properly, you car doesn’t start –then you may not get home in time for dinner or you may not get to work on time. We need to be very careful with what type of equipment we do have installed in any car.

For How Long Must an Ignition Interlock Device Be Used?

If somebody is convicted of a first-time DUI in Los Angeles County, they’re going to be required to have the ignition interlock device installed in their car for five months. If they are convicted of a second-time DUI, the ignition interlock device will be required for a year. If they’re convicted of a third DUI, the ignition interlock would be required for two years. (However, having the ignition interlock device does not guarantee the DMV will allow one to have the privilege of being a licensed driver again.)

Are Ignition Interlock Devices Necessary for Individuals Not Planning to Drive?

With the way that the pilot program in Los Angeles is being run now, if somebody does not own or have access to a car, they can file a deceleration of non-ownership. Then they do not have to install the ignition interlock device. If they ever do get access to a car or if they own a car or if they have access to the car at certain hours, then they are required to put it in the car. Now, some people will choose to drive without the ignition interlock device, and that is not advisable. Basically you’re driving on a suspended license at that point, and mandatory jail time is a consequence of that. If you get caught driving outside of your restriction without the ignition interlock device, you’re looking at impound of a car, whether it’s your car or not. You’re looking at going to jail for ten days or more.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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