NEW 2019 DUI Law Lets You Keep Your License

SB1046, effective 1/1/2019, has made major changes to the DUI laws that previously caused a complete suspension of your driving privileges in many cases. This will Let You Keep Your License! It is important to note that the law is not retroactive. By that, I mean that it only applies to violations that occur on or after 1/1/2019. All DUIs that happened before the New Year are subject to the old laws. (See CA Vehicle Code 13352(m).)

The new law, that lets you keep your license, only applies to DUIs that involve alcohol but may apply if the case involves drugs AND alcohol.

On a 1st Offense DUI, if you elect to put the Ignition Interlock Device (IID) on your vehicle for 6 months, you can avoid any real suspension and will let you keep your license. The second option is to just have a restricted CDL (to/from work, course and scope of employment, and to and from the DUI school) for a period of 12 months. If you elect the second option, you will serve a 30 day hard suspension (no driving at all) unless you win the DMV APS hearing or avoid the APS process because your BAC was below .08.

SB1046 affects multiple offense DUI cases as well and there are less options.

A judge can order an IID, which may affect the options you would otherwise have.

This is a New 2019 DUI Law and will be confusing for attorneys and people arrested for a DUI, until we all get used to the rules. Just remember to make sure you understand your options with the help of your DUI attorney.