A DUI conviction in California means that according to Vehicle Code 23247(e), it is illegal for the individual to drive a motor vehicle with a restricted license without having an Ignition Interlock Device (IID) installed in the car. The IID must be installed by a certified installer in California, which can be found through local mechanics or online searches. Most operable motor vehicles are capable of having an IID installed.
“23247.
(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700.
(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.
(f) Any person convicted of a violation of this section shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.”
According to Vehicle Code 23575, a judge has the authority to require a first-time DUI offender to install an Ignition Interlock Device before they are allowed to drive. Failing to do so would be considered a violation of the law. It's important to note that the requirement to install an IID applies to all DUI convictions and is not just limited to first-time offenders, as specified by Vehicle Code 23247(e).
A violation of the provisions outlined in Vehicle Code 23247(e) or 23575, which require a person convicted of a DUI to install an Ignition Interlock Device in their vehicle, is considered a misdemeanor crime in California. This type of offense can result in significant consequences for the offender, including a potential jail sentence of up to six months in county jail, and/or a fine of up to $5,000. It is important for individuals to understand and comply with the requirements set forth by these statutes to avoid facing legal repercussions.
In some cases, a judge may choose to grant probation as an alternative to jail time for individuals convicted of a misdemeanor offense. This type of probation is often referred to as misdemeanor or summary probation.
Additionally, suppose a person violates the provisions of Vehicle Code 23247(e) or 23575. In that case, the Department of Motor Vehicles (DMV) can take action by terminating the individual's restricted license and suspending their driving privileges for the remaining duration of the original court-ordered suspension period.
Defense attorneys can utilize different legal tactics to defend their clients against allegations under the provisions of Vehicle Code 23247(e) or 23575. This can include questioning the evidence presented by the prosecution, highlighting any inconsistencies in the case, and arguing for a reduction or dismissal of charges. It is the goal of defense lawyers to provide the best possible defense for their clients and to help them avoid the harsh consequences of a conviction under this statute.
The necessity defense is an argument that a defendant can raise to absolve themselves of guilt for a crime they committed. By asserting that they had a sufficiently good reason to commit the crime, the defendant is essentially trying to show that they should not be held responsible for their actions. In the context of driving without an IID installed in the car, a person accused of this crime might attempt to use the necessity defense by claiming that they were forced to drive without the device due to an emergency and that they had no other choice.
False accusations in the criminal justice system can have serious consequences for those who are wrongly charged with a crime. These fraudulent charges can be brought about due to a variety of reasons such as errors made by law enforcement, false testimony from witnesses, or even mistaken identity. In such cases, a defendant may choose to contest the accusations against them by claiming that they have been unjustly blamed and that the charges brought against them are without merit.
Vehicle Codes 23247(e) and 23575 only apply to individuals who have previously been convicted of a DUI offense. This means that if a person has not been previously convicted of a DUI, they are allowed to legally drive on a restricted license without the requirement of having an interlock device installed in their vehicle. As such, a defendant can always argue that they do not have a prior record of a DUI conviction and, therefore, the provisions of these laws do not apply to them. This can be an important factor in a defense strategy and can be used to challenge the allegations against the accused.
If you have inquiries regarding the California offense of VC 23247 or wish to have a confidential discussion about your case, feel free to reach out to The H Law Group.
