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When Is An Ignition Interlock Device Mandatory?

By September 30, 2020 No Comments

An ignition interlock device is an apparatus like a breathalyzer, only smaller, installed on the steering column of a DUI defendant’s car. On January 1st, 2019, a new law went into effect in California requiring the installation of ignition interlock devices for certain DUI offenders. The law mandates that repeat offenders and initial offenders whose DUI violations result in injury install an ignition interlock device. Previously, the State of California tested an IID pilot program that was in effect only in Alameda, Los Angeles, Sacramento, and Tulare counties.

When someone is convicted of a DUI in California, they receive a mandatory license suspension. However, there is an alternative available to California drivers who may apply for restricted driving privileges to allow them to travel for specific purposes such as going to and from work. An ignition interlock device may help significantly.

If a judge orders a defendant to install an IID as part of probation, the defendant must have the IID professionally installed in every car that the defendant owns or drives. This mandate does not apply to employer-owned vehicles and motorcycles.

The installation of an IID device is mandatory for repeat DUI offenders and first-time DUI offenders whose violations result in injury. The term of the restriction is determined by the court for a period not to exceed three years from the date of conviction. The court notifies the California Department of Motor Vehicles, which places the restriction in driver’s records in the Department of Motor Vehicles.

Drivers in California who drive under the influence of alcohol or drugs may be charged under California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), violating California Vehicle Code § 23152(b) VC (driving with a BAC of .08 or higher), and California Vehicle Code § 23152(f) VC (driving under the influence of drugs).

California motorists who drive under the influence of alcohol face further serious criminal charges if they also cause injury. In these situations, drivers may be charged with driving under the influence causing injury under California Vehicle Code § 23153(a) VC or driving with a 0.08 percent or higher blood alcohol content causing injury in violation of California Vehicle Code § 23153(b) VC.

IIDs are required in the following situations:

  • The first time a driver is convicted of DUI resulting in injury, an IID is required for six months;
  • The first time a driver is convicted of DUI not resulting in injury, the driver may choose to drive for six months with an IID or one year with a restricted license;
  • For a second DUI conviction, an IID is required for one year;
  • For a third DUI conviction, an IID is required for two years; and
  • For a fourth DUI conviction and subsequent DUIs, an IID is required for three years.

John Patrick Dolan has handled everything from traffic tickets to death penalty murder cases. Mr. Dolan has represented California motorists charged with DUI for over 40 years. He is a recognized California State Bar Certified Specialist in Criminal Law and a true courtroom veteran of DUI cases. Call the Dolan Law Offices today at (760) 775-3739 or find out more online here.

When Is An Ignition Interlock Device Mandatory?

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