Ignition interlock devices (commonly referred to as IIDs) are becoming increasingly popular among California DUI penalties. IIDs are essentially 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.
In this article, our California DUI defense attorneys will explain everything you need to know about ignition interlock devices by answering the following frequently asked questions:
If after reading this article, you have additional questions, we invite you to contact us. You may also find helpful information in our related articles on California DUI Probation, California DUI Penalties, California DUI Laws, Vehicle Code 23152a Driving Under the Influence, and Vehicle Code 23152b Driving with a Blood Alcohol Concentration (BAC) of 0.08% or Greater.
As previously stated, an ignition interlock device is a type of mini-breathalyzer instrument. About the size of a cell phone, it is installed on the steering column of your car.
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.1 Employer-owned cars2 and motorcycles3 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 don't, 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 don't feel that you can safely provide a sample while driving. If you don't "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. This is accomplished by:
In addition, the technology is so advanced that the IID detects and records
Fuel cell technology
Most ignition interlock devices operate on fuel cell technology. Fuel cell technology is alcohol specific and isn't affected by outside interference. This means that there is little chance of a contaminated breath sample from cigarette smoke, perfume, gasoline, etc.
However, any amount of alcohol that is blown into the instrument will register. This means that if you use mouthwash with alcohol in it, eat liquor-filled candy, or even eat a pastry (sometimes the combination of sugar and active yeast produce low levels of alcohol), the alcohol will register when you provide your breath sample.
The good news is that when alcohol registers, you will usually be given the opportunity to retest almost immediately. The low levels of alcohol that may be present in these types of situations quickly disappear. Rinsing your mouth with water in between samples can help to expedite this process.
Once installed, you must take your California IID in for servicing at least every 60 days.6
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
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.
First-time DUI offenses
In general, a judge may require you to install a California IID for up to three years in any case where he/she believes is appropriate to do so. Typically, this is usually only done on a first-offense if your BAC is at or above a 0.15% or if you refuse to submit to a chemical blood or breath test.7
However, a new "pilot project" went into effect in July 2010. This law, Vehicle Code 23700 VC 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.8 If this law serves as a deterrent…and the number of repeat DUIs are reduced…it will eventually go into effect statewide.
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.9
Repeat DUI offenses
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.10
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 you live outside of the counties governed by this new law, there is no automatic requirement that the judge order you to install an IID 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.11
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.12 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.
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.13
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. We suggest you contact Intoxalock, Smart Start of California, Guardian Interlock, Sens-O-Lock, or Alcohol Detection Systems.
If you have additional questions or would like to speak to one of our California DUI defense attorneys, please don't hesitate to contact us.
We have local DUI law offices located in Los Angeles, Ventura, San Jose, the San Francisco Bay area, Orange County, Riverside, San Bernardino, and many surrounding areas.
1California Vehicle Code 23575 -- Court-mandated use of ignition interlock device. ("(a)(1) In addition to any other provisions of law, the court may require that a person convicted of a first offense [DUI] violation of [Vehicle Code] Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device.") This Vehicle Code goes on to state
"(l) This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified [California] ignition interlock device for a person to whom subdivision (a) or (b) does not apply [who has previously been convicted of Vehicle Code 23152a driving under the influence].")
2California Vehicle Code 23576 -- Motor vehicle owned by employer; exception. ("(a) Notwithstanding [Vehicle Code] Section 23575, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person's driving privilege has been restricted pursuant to Section 23575 [requiring mandatory use of a California IID] and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle. (b) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Section 23575, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).")
3California Vehicle Code 23575 -- Court-mandated use of ignition interlock device -- subdivision "m". ("(m) For the purposes of this section, "vehicle" does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.")
4California Vehicle Code 23247 -- Violation of Vehicle Code § 13352 or § 23575 VC; punishment; defenses. ("(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 [because of a California DUI conviction] or 23575 [requiring the mandatory installation of a California IID] to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle. (c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352 or 23575.")
5See same. ("(g)...The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the [California] ignition interlock device.")
6See same. ((g) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to Section 13352 [a restriction based on a California DUI] shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device.")
7See endnote 1, above. California Vehicle Code 23575 also goes on to state ("The court shall give heightened consideration to applying this sanction to a first offense [DUI] violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused [to submit to] the chemical [blood or breath] tests at arrest.")
8 California Vehicle Code 23700 VC -- Pilot program to reduce driving under the influence offenses; establishment in Alameda, Los Angeles, Sacramento, and Tulare Counties. ("(a) Notwithstanding any other provision of law, the Department of Motor Vehicles shall establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare to reduce the number of first-time violations and repeat offenses of Sections 23152 and 23153, as follows: (1) The Department of Motor Vehicles, upon receipt of the court's abstract conviction for a violation listed in paragraph (7), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code. (2) The department shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver's license. (3) Before a driver's license may be issued, reissued, or returned to a person after a suspension or revocation of that person's driving privilege that requires the installation of an ignition interlock device, a person who is notified by the department pursuant to paragraph (1) shall complete all of the following: (A) Arrange for each vehicle owned or operated by the person to be fitted with an ignition interlock device by a certified ignition interlock device provider under Section 13386. (B) Notify the department and provide to the department proof of installation by submitting the "Verification of Installation" form described in paragraph (2) of subdivision (g) of Section 13386. (C) Pay the fee, determined by the department, that is sufficient to cover the costs of administration of this section. (4) The department shall place a restriction on the driver's license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a certified ignition interlock device. (5)(A) A person who is notified by the department pursuant to paragraph (1) shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. (B) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. (6) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to paragraph (1). (7) A person is required to install an ignition interlock device for the applicable term as a condition of being issued a restricted driver's license, being reissued a driver's license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation or a suspension of a person's driver's license, as follows: (A) A person convicted of a violation of Section 23152 shall be required to install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of five months. (ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months. (iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months. (iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months. (B) A person convicted of a violation of Section 23153 shall install an ignition interlock device, as follows: (i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months. (ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months. (iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months. (iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 48 months. (C) The terms prescribed in this paragraph shall begin once a person has provided to the department proof of installation pursuant to paragraph (2) of subdivision (h) of Section 13386 and upon restoration of the driving privilege pursuant to Section 13352. (8) A person who is notified by the department, pursuant to this subdivision, is exempt from the requirements of this subdivision if within 30 days of the notification, the person certifies to the department all of the following: (A) The person does not own a vehicle. (B) The person does not have access to a vehicle at his or her residence. (C) The person no longer has access to the vehicle being driven by the person at the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in this subdivision. (D) The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with a functioning ignition interlock device. (E) The person acknowledges that he or she is required to have a valid driver's license before he or she can drive. (F) The person is subject to the requirements of this section when he or she purchases or has access to a vehicle. (9) Subdivisions (j), (k), (m), (n), and (o) of Section 23575 apply to this section. (10) If a person fails to comply with any of the requirements regarding ignition interlock devices, the mandatory term for which the ignition interlock device is required to be installed shall be reset by the department. (b)(1) Every manufacturer and manufacturer's agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the ignition interlock device by offenders subject to this chapter in amounts commensurate with that person's income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code: (A) A person with an income at 100 percent of the federal poverty level and below is responsible for 10 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (B) A person with an income at 101 to 200 percent of the federal poverty level is responsible for 25 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (C) A person with an income at 201 to 300 percent of the federal poverty level is responsible for 50 percent of the cost of the ignition interlock device. The ignition interlock device provider is responsible for absorbing the cost of the ignition interlock device that is not paid by the person. (D) All other offenders are responsible for 100 percent of the cost of the ignition interlock device. (2) The cost of the ignition interlock device may only be raised annually equal to the Consumer Price Index. (3) The offender's income may be verified by presentation of that person's current federal income tax return or three months of monthly income statements. (c) This section does not permit a person to drive without a valid driver's license. (d) The requirements of this section are in addition to any other requirements of law. (e) For the purposes of this section, "vehicle" does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period. (f) This section shall become operative on July 1, 2010.")
9See same.
10See same.
11California Vehicle Code 23573 -- Violations necessitating ignition interlock device... ("(j) In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows: (1) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 [DUI-related license suspensions] subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, [a California wet reckless or DUI] within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year. (2) Upon a conviction of a violation of [Vehicle Code] Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years. (3) Upon a conviction of a violation of [Vehicle Code] Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified [California] ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.")
12California DMV website - ("Second and subsequent DUI convictions result in increased penalties, including a two-year suspension or a revocation of up to four years. After you complete a prescribed period of your suspension/ revocation and either enroll in, or complete a portion of, a DUI program, you may obtain a restricted license to drive anywhere necessary if you: [1] Install an IID on your vehicle. [2] Agree not to drive any vehicle without an IID. [3] Agree to complete the prescribed DUI program. [4] File an SR 22. [5] Pay the reissue and restriction fees.")
13See endnote 8, above.
If you or a loved one faces misdemeanor or felony charges, contact our California criminal defense attorneys for help. We'd be glad to meet with you for a free consultation at one of our local criminal law offices in Los Angeles, San Francisco, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside.
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