DUI Accused Subject to New DMV Powers to Instal Ignition Interlock Device

- Dmitry Gurovich

DUI car accidents are a leading cause of death in California, claiming an average of 1,000 lives and injuring some 10,000 each year. In addition to criminal penalties, the DMV is also authorized to revoke or restrict licenses of persons convicted of DUI. As a further measure to deter repeat offenders, SB 61 effectively extends the authority of the DMV to have ignition interlock devices installed on vehicles owned or operated by DUI convicts. The length of time that a convicted motorist is required to use this device will depend on their number of DUI convictions.

While the purpose behind this law is laudable, it places a heavy burden on individuals who may be convicted without the benefit of raising appropriate DUI defenses.

What Is DUI?

Driving under the influence or DUI refers to anyone who operates a motor vehicle:

  • while under the influence of an alcoholic beverage or drug, or a combination of both, or
  • with a blood alcohol content of at least 0.08%, or
  • while addicted to the use of any drug.

Legality of Blood Test Raised in DUI Defense

Persons charged with DUI are entitled to the constitutional protection against warrantless searches such as an unauthorized blood draw. When the defendant who is lawfully arrested for suspected DUI refuses to submit to a blood draw, the United Supreme Court in the case of Missouri v. McNeely requires law enforcers to obtain a warrant before directing authorized personnel to obtain a blood sample from the defendant.

Blood samples intended to establish the defendant’s blood alcohol content may be prevented from being used as evidence only with timely objections made by a DUI defense counsel. This is why DUI defendants are advised to engage competent and experienced criminal defense attorneys.

Your lawyer should be able to examine all of your case’s details, particularly the evidence against you, and raise all possible defenses in your favor.

If you are charged with DUI in Los Angeles, California, the law offices of Gurovich, Berk & Associates can thoroughly investigate and defend your case. Our Firm stays updated on the latest techniques that law enforcers use in convicting DUI defendants, allowing us to counter with appropriate DUI defenses which may lead to dismissals or reduction of charges.

We encourage you to contact any of our experienced DUI attorneys at (213) 385-1555 to arrange a free initial consultation.