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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Someone I know plead guilty to a driving under the influence

Customer Question

Someone I know plead guilty to a driving under the influence of a drug to avoid having his girlfriends car towed several years ago. Now with the amnesty program and the clean slate program he is working to get his license back. They told him he would need to jump through several hoops when he got started like DUI classes and that he would only get a provisional license until he paid everything off. Now that he has shelled out several hundred dollars paying fines and for these classes the DMV informed him that any car he drives will need to be equipped with one of those Breathalyzer machines. He does not drink he is a drug addict how stupid is this and can they do this? He is a first time offender. Lots of other people I know have been convicted of driving under the influence of drugs and do not need this why him? This guy does not even own a car at this point he will need to borrow one until he can afford one so now how is this going to work? They are too expensive to be installing into cars on a temp situation.
Submitted: 11 months ago.
Category: Legal
Expert:  David C. Garner replied 11 months ago.

Hello,

I will try and help. What jurisdiction is this in?

DCG

Customer: replied 11 months ago.
Its contra costa county in california
Customer: replied 11 months ago.
The DMV says its the one doing it?
Expert:  David C. Garner replied 11 months ago.

Hello,

The CA DMV is required to impose an IID restriction on the driving privilege of a person convicted of driving with a suspended or revoked license for a driving under the influence (DUI) conviction (California Vehicle Code (CVC) §§14601.2, 14601.4, or 14601.5).

Based on the facts you offer, in addition to the DUI, there must have been a subsequent conviction. Is that true.

DCG

Customer: replied 10 months ago.
No this was his first offense and only under the influence offense. There was no alcohol involved whatsoever. He does have other driving on a suspended license cases but no other driving under the influence cases before or after this one or even a open container or otherwise
Customer: replied 10 months ago.
Shouldn'td the laws separate driving under the influence of alcohol with driving under the influence of a controlled substance? It seems pointless for a person that does not even own a car and that does not drink alcohol to install one of these on a car belonging to someone else in order to get a job.