Ignition Interlock Devices (IIDs) under California DUI Law

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:

What is an Ignition Interlock Device, and How Does it Work?

Why Would I Have to Install an IID?

How Much Does a California Ignition Interlock Device Cost?

How Do I find a Court Approved IID Installer?

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.

What is an Ignition Interlock Device, and How Does it Work?

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:

• requiring a specific breath pattern while providing your sample,



• having a very short cord that will not reach to the passenger or back seats,



• requiring random samples, even while driving, and



• making it a crime to ask another to fraudulently provide his/her sample in lieu of yours⁴.

In addition, the technology is so advanced that the IID detects and records

• any attempts to disconnect or tamper with the device⁵,



• all engine starts and stops, and



• all breath test results.

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

Why Would I Have to Install a California Ignition Interlock Device?

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

• Vehicle Code 23152a VC driving under the influence,



• Vehicle Code 23152b VC driving with a blood alcohol concentration (BAC) of 0.08% or greater, or even



• Vehicle Code 14601 VC suspended license violations stemming from DUI convictions.

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

Currently, 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, beginning in July 2010, a new bill (AB 91) goes into effect. Under this new law, 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 "pilot project" proves successful, 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 your DUI causes injury to another, the installation period rises to one year.⁹

Repeat DUI offenses

The new 2010 AB 91 will also affect California repeat DUI offenders. Under the new law, the judge will order you to install a California IID for a period of one year following a second DUI offense and for two years following a third DUI offense.¹⁰

Currently, 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

And, 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.

How Much Does a California Ignition Interlock Device Cost?

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

How Do I find a California Court Approved IID Installer?

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.

Legal References:

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.")

⁸The Sacramento Bee -- Schwarzenegger signs, vetoes bills; plans new water special session. ("Among the [California] bills Schwarzenegger signed: Assembly Bill 91 by Feuer creates a pilot project requiring the installation of an ignition interlock device - which tests drivers for sobriety - on every vehicle owned or operated by a first-time DUI offender in Alameda, Los Angeles, Sacramento and Tulare counties.")

⁹The Sacramento Bee -- DUI ignition locks on the way in Sacramento County. ("Motorists found guilty of a first drunken driving offense here and in three other California counties will be required to install and use breathalyzers [ignition interlock devices] in their cars for five months, under a law signed this week by Gov. Arnold Schwarzenegger... If a first-timer's conviction involves an injury crash, the device must stay in the vehicle for a year.")

¹⁰See same. ("For second-time DUI offenders, the monitoring period will extend to a year. A third conviction will require the [IID] device be installed for two years.")

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 9, above. ("Drivers whose incomes are low will be required to pay only a portion of the [California IID] cost. The device manufacturer must absorb the rest of the cost, Feuer said.")

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