DUI in California and Opting Out of Restricted License

[InDeepKimchi]

My court date is within a few days and because I blew a .16 I am not expecting the best or for the prosecutor to play ball with my attorney. Quick question (as my attorney confuses me often but that's another story).

If one opts out of a restricted license, what does that entail? For example, if my license gets suspended for six months, and I decide to pass on a restricted (I'm unemployed, what's the point? And I work from home anyway), will I still have to take classes before my license can be fully reinstated? I know I have to carry SR-22 for three years, but if I opt out of a restricted license, do I have to carry it within those six months? Or can I wait until I get my license back?

Also, my attorney said something about a new law passing in LA County that requires people convicted of DUIs to hook up that contraption to your car before you can start the engine REGARDLESS of whether or not you take classes. For example, even if I waited it out for six months, I would at some point still need to rent the contraption to prove I'm not whatever. Which I find utterly ridiculous.

To further complicate matters, I live out of state half the year. If I don't ship my vehicle across the country and rent one instead, I am wondering if I have to purchase an additional contraption for that vehicle, too.

Thanks. BTW, since we are on the subject, I want to add that I'm surprised to learn an officer doesn't have to read you your rights before he arrests you for a DUI. What gives?

 

[CdwJava]

My court date is within a few days and because I blew a .16 I am not expecting the best or for the prosecutor to play ball with my attorney.

What incentive does the prosecutor have to "lay ball?" If they have you dead to rights, there is really no leverage you can apply to the situation.

If one opts out of a restricted license, what does that entail?

That would mean NO driving at all during the suspension period.

And, yes, you would still have to complete the required classes and pay all fines and fees prior to your license being reinstated. If you opt to get a perpetual bus pass, then you may never need to do any of those things.

For example, even if I waited it out for six months, I would at some point still need to rent the contraption to prove I'm not whatever. Which I find utterly ridiculous.

Then don't drive. Ridiculous or not, if that is the conditions placed on your driving by the court you can choose to follow it or not drive.

Los Angeles County is part of a pilot program since July 2010 where anyone convicted of 23152 will be required to install IIDs on any and all vehicles they own or operate.

To further complicate matters, I live out of state half the year. If I don't ship my vehicle across the country and rent one instead, I am wondering if I have to purchase an additional contraption for that vehicle, too.

If caught operating a vehicle without an IID here you could be arrested.

Thanks. BTW, since we are on the subject, I want to add that I'm surprised to learn an officer doesn't have to read you your rights before he arrests you for a DUI. What gives?

Miranda does not apply - never has. Miranda generally applies AFTER you are in custody and subject to interrogation, not before. Some 90% of arrests will never require Miranda rights be read.