California Ignition Inter-Lock Devices
Under California Dui Law IIDs are mini-breathalyzer instruments that are installed in the dashboard of your car, and prevent your car from operating unless and until you provide an alcohol-free breath sample.
If the judge orders you to install an IID as part of your California DUI probation, you must have it professionally installed...and you must have one installed in every car you own or drive. Employer-owned cars and motorcycles are exempt from this rule.
Before you start your car, you must blow into the IID and provide an alcohol-free breath sample. If you do not, your car will not start. Once you are driving, the IID will ask for random samples, between 5-15 minutes after you begin driving and then about every 45 minutes thereafter.
When the instrument asks for these "rolling" samples, you have six minutes to provide a sample...ample opportunity to pull over if you do not feel that you can safely provide a sample while driving. If you do not "pass", your ignition interlock device will not disable your car. It will, however, register a "fail" on your log that gets reported to the court.
It must be noted that California ignition interlock devices are designed to ensure that only you as the driver can provide your own breath sample. In addition, the IID can detect and report any attempts to disconnect or tamper with the device.
California DUI laws provide for a variety of situations where a judge may require you to install an ignition interlock device and for a number of situations where a judge must require you to install an IID. A judge can order you to install a California ignition interlock device for any offense that is DUI-related. This means that you may be required to install an IID if you suffer a conviction for DUI, DUI with an Injury, Wet-reckless or for suspended license violations stemming from DUI convictions. However, most times an IID is required for repeat offenders, although a judge may require an IDD for a first-offense if your BAC is at or above a 0.15% or if you refuse to submit to a chemical blood or breathe test. Another example of IIDs for first offenders is the “pilot project" that went into effect in July 2010. This law, Vehicle Code section 23700 requires that every individual convicted of a first-offense California DUI in Los Angeles, Alameda, Tulare, and Sacramento counties must install an IID on any car he/she operates and/or drives. Under this pilot program, the judge will order a standard first-time DUI offender in one of these counties to install an ignition interlock device for five months. If, however you are convicted of Vehicle Code 23153(a) DUI causing injury, you must install the device for one year.
This new law also affects California repeat DUI offenders who live in one of the four counties mentioned above. Under this law, the judge will order you to install a California IID for a period of one year following a second DUI offense, for two years following a third DUI offense and for three years following a fourth or subsequent conviction. And if you are convicted of a second DUI causing injury, you must install the IID for two years (three years for a third conviction and four years for a fourth or subsequent conviction). If this law serves as a valid deterrent, and the number of repeat offender DUIs are reduced, it will eventually go into effect statewide.
If you live outside of the counties governed by this pilot program law, there is no automatic requirement that the judge order you to install an IID on the first DUI, or following a second or subsequent DUI conviction. There are, however, requirements for IID installation following one or more convictions for Vehicle Code 14601 driving on a suspended license when the suspension / revocation was based on a DUI conviction. Depending on the exact license violation...and on how many prior DUI and/or suspended license violations you have suffered...the judge may order you to install an IID for one to three years.
If you are a repeat DUI offender and wish to obtain a restricted driver's license, the California DMV will require you to install an IID as well. A restricted license allows you to drive to/from work, school, or a court-ordered alcohol program while your driver's license is otherwise suspended or revoked.
What Will an Ignition Interlock Device Costs and How Do Get One Installed?
On average, the cost of a California IID is about $2.50 per day. Some companies additionally charge around $75-$100 for installation. You may also be required to pay fees for maintenance and calibration of your ignition interlock device. Under California's new 2010 DUI law, if you can't afford the cost of your IID, you will only be required to pay a portion of the costs.
If a California court requires you to install an ignition interlock device on your car, you must go to an authorized installer to have it done.
Several private companies are approved by the courts.
. •Contact the Lee Law Group to answer any additional questions or concerns you have about Ignition Interlock Device (IIDs)