New DMV Laws for DUI’s – What’s New?

DMV IID Rules and Driver’s License Suspensions

As with all things DMV, when someone gets a first-time DUI, the rules about your license being suspended and getting an Ignition Interlock Device (IID) are simply stupid and illogical.

Here’s how it works. After your arrest and usually, well before your court case is concluded, you have a hearing to try and keep DMV from suspending your license. If you win the hearing, your license remains good pending the outcome of the Court case. If you lose, your license is suspended for four months. Then it starts to get complicated.

Option 1 – You could choose to just sit through the four-month suspension and get your license back. However, if your Court case ends with a DUI conviction, DMV will suspend the license again. They will send a Notice saying it is suspended for six months from the date of the conviction. THAT IS NOT TRUE. You get credit for the time, four months, your license was already suspended. For years, the people in charge of DMV have known they are sending out incorrect information, but they have done nothing to correct that. There is no logic to suspending a license, giving it back, and then suspending it again. Well, no reason other than DMV charges fees to get your license reinstated.

Option 2 – You could choose to enroll in a DUI program, get an SR-22 proof of liability insurance on file with DMV, and get a restricted license that only allows you to drive for work and to the DUI program. You will still get a six-month suspension if you suffer a DUI conviction. Then you get to pick again between the options. Be aware, if you pick this option after conviction, you cannot change your mind and decide to get the IID in Option 3.

Option 3 – You can keep driving whenever you want if you do everything in Option 2 AND get an IID installed in your vehicle. This does have a cost. But, unlike Option 1 where you get credit for your pre-conviction time suspended, you get NO credit towards the six-month suspension after conviction. So, you can end up spending 10 months with the IID in your vehicle. The new laws for IID’s were meant to encourage people to get the IID installed, but by giving no credit for having the IID during the four-month suspension, it actually disincentivizes getting the IID at least during the four-month suspension.

Frankly, aside from DMV extracting more fees out of drivers’ pockets, there is no logical reason for two separate license suspensions for the same DUI. But, that’s DMV for you.

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