In California, driving under the influence of alcohol is considered a serious crime. While harsh penalties such as jail time, fines, and license suspensions are common sentences for cases involving intoxicated and impaired drivers, the law does provide for alternatives.
These alternatives have been created by the legislature to try to help decrease recidivism and to keep the streets free of drunk drivers. With the assistance of a knowledgeable DUI / DWI lawyer, a driver may get the benefit of alternative punishments that may be more suitable to the driver’s particular case.
Sentencing alternatives are not intended to be a mere slap on the wrist. There are punitive elements involved in each of the sentences, but the sentencing alternatives are created to help people keep their jobs and get treatment for alcohol problems where appropriate, as well as allowing people to do some good for society through community service. Allowing a person to contribute to society with community service is more beneficial to the greater good than keeping the offender looked up in jail or on strict home-imprisonment.
California has been forging ahead in the use of the ignition interlock devices. Recent DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence. Experienced California criminal defense attorneys are informed about ongoing developments in drunk driving law.
The ignition interlock device is linked to the car’s ignition. In order for a driver to start the vehicle, the driver must blow into the breathalyzer. If the breathalyzer registers acceptable breath alcohol content (BAC) levels, then the engine will start. If there are traces of alcohol, the car will not start.
This device is used to eliminate the problem of repeat offenders. A California attorney experienced at defending driving while intoxicated cases will be able to provide more information on the viability of this device as an alternative sentence.
Of primary importance to people arrested for driving under the influence of alcohol in California is that ignition interlock devices are a great bargaining chip for DUI / DWI lawyers. A qualified California DUI criminal defense lawyer will be able to use an ignition interlock device as a tool for negotiating a plea bargain with negotiated consequences when the facts allow for it.
The ignition interlock device is often a great way to allow repeat offenders to keep their jobs and to attend alcohol education classes. A DUI / DWI lawyer will negotiate with the prosecutor to allow the offender person to use the device in order to maintain a somewhat normal lifestyle, while avoiding the possibility of repeat offenses.
Judges have the discretion to order the installation of the ignition interlock device in the car of any drunk driving offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, they may order the mandatory installation of the ignition interlock device. A California criminal defense attorney will make sure that the ignition interlock device is ordered when appropriate.
