California’s Expanded Ignition Interlock Device Law

Repeat offenders are required to install IIDs in their vehicles

California’s Expanded Ignition Interlock Device Law

Ignition interlock devices — more commonly known as IIDs — are small devices that can be installed on a vehicle. They require a driver to submit an alcohol-free breath sample in order to start the car, and then to continue to submit alcohol-free breath samples at random intervals to continue to operate the vehicle.

If the driver fails to provide a breath sample — or gives a breath sample that contains alcohol — then the vehicle simply will not start. Once the car is in motion, the IID will request breath samples, within 5 to 15 minutes after beginning driving and then about every 45 minutes afterwards. Drivers have approximately 6 minutes to provide the sample, giving them ample opportunity to pull over if they cannot safely provide the sample while driving.

If a driver fails the breath test while driving (or does not provide one), then the IID will not disable the car. Instead, according to a DUI defense lawyer Long Beach, CA, the IID will register a “fail” on a log that is reported to the court.

As of January 1, 2019, California became the 33rd state to expand its IID program. Previously, California had run a pilot program in several counties to test the use of IIDs as part of a sentence in a driving under the influence (DUI) case. Outside of these counties, requiring the installation of an IID was generally left to the judge’s discretion.

Under the new law, all repeat DUI offenders will be required to install an IID on their vehicles. California has a 10 year “look back” period for DUI offenses. This means that if you have a DUI or related conviction (such as “wet reckless”) within the past 10 years, it counts as a prior offense. For a second DUI conviction within 10 years, you will be required to install an IID for a period of 1 year. For a third offense, you will be required to install an IID for a period of 2 years. For a fourth or greater offense, an IID must be installed for 3 years.

For first-time DUI offenders, the law allows a choice: an IID can be installed on your vehicle as an alternative to license suspension. To obtain a restricted license — which would allow you to drive to work, school, and mandatory alcohol education classes — you will be required to install an IID for a period of 6 months.

A defendant who has been convicted of a DUI bears the cost of an IID, which is approximately $2.50 per day, plus $75 to $100 for installation. If you cannot afford the cost of an IID, talk to your DUI defense lawyer Long Beach, CA. California law has an exemption that allows individuals to only pay a portion of these costs if they cannot afford to pay the full price.

At the Chambers Law Firm, we are committed to working with defendants who have been convicted of a range of DUI-related offenses — and to finding solutions that work best for them. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.

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