A new bill would expand the pilot ignition interlock device program to all California DUI offenders.
An ignition interlock device is just one of the possible penalties for a DUI conviction in California. A new law seeks to require judges to order the installation of these devices for all DUI-related offenses in California, including in Orange County. If you’ve been charged with a DUI, a knowledgable Santa Ana DUI attorney can help you understand your rights, including whether or not you will be required to install an ignition interlock device.
What Is an Ignition Interlock Device?
An ignition interlock device, or IID, is a mini-breathalyzer that is installed on the steering column of a car. If you are ordered to install one in your car, then you must breathe into the IID in order to start the car; if your breath sample is not alcohol-free, the car will not start. Once you are driving, the IID will request samples within 5 to 15 minutes after you start driving and then about every 45 minutes or so afterward. The cost of these devices is paid by the offenders, although if you cannot afford the cost (approximately $2.50 per day, plus installation and maintenance fees).
Currently, judges can order the installation of an IID for any DUI-related offense. There are some situations where the judge may order an IID, and other situations where the judge is required to order the device. In 2010, a pilot program went into effect in Los Angeles, Alameda, Tulare and Sacramento counties, where all first-time DUI offenders would be required to install an IID for a period of five months to one year. Repeat offenders in these four counties would be required to have IIDs in their vehicles for longer periods, from one to three years.
What Would the New Bill Require?
If you do not live in one of the four pilot program counties, then a judge is generally not required to order an IID for first-time or repeat DUI offenders. A new bill — Senate Bill 1046 — would change this, essentially expanding the IID rules to all of California. This law was passed unanimously by the Senate in June 2016, and was sent to the Assembly for approval. Like the pilot program, it would require IIDs to be installed for a period of time depending on the severity of the DUI offense:
- First offense: 6 months with IID
- Second offense: 1 year with IID
- Third offense: 2 years with IID
- Fourth or greater offense: 3 years with IID
Although Senate Bill 1046 is not yet law, it has received broad support and is likely to be approved.
If you’ve been charged with a DUI offense in Orange County, act quickly to secure the representation of an experienced Santa Ana DUI attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about your case and how we can help you.
