What Happens if I Violate an Ignition Interlock Device Order?

After a DUI conviction in California, some drivers must install an ignition interlock device (IID) on their vehicles. Judges can order you to only drive with a properly working IID for a period after your first DUI, but they are not required to do so. A judge will order you to install an IID if you are a repeat DUI offender or were convicted of a DUI that caused an injury.

What Is an Ignition Interlock Device?

A breathalyzer is attached to your car’s engine starter, and IID requires that you blow into it before starting your vehicle. If the IID registers alcohol on your breath, the engine will not fire.

It also will repeatedly ask for breath samples while you continue driving. Failing these tests will not shut down the engine due to the danger of a sudden stop, but the device will log a failure that will be reported to the court.

Your court order will cover a specific number of months you need to continue to use the IID. This is typically four months for a first time DUI but may be up to 36 months for repeat offenders.

How Can You Violate an Ignition Interlock Device Order?

Once you have been ordered to install an IID in your car(s), you will need to find a California certified installer and pay the cost of equipping your vehicle with a working device. You will also be responsible for maintenance and calibration on the IID, typically every 60 days.

When you are ordered to install an IID in your vehicle, your driving privileges are also restricted. This means that you are only legally permitted to operate a car that has a working IID. If you drive a vehicle that does not have an IID installed, you can be charged with the crime of violating an IID order.

For a California prosecutor to convict you, they must prove that you drove a car without a functional IID in violation of a valid court order that only allowed you to drive a vehicle with a working IID.

If you anticipate driving more than one vehicle, you will need to pay to install an IID on each. Legally, you are allowed to violate an IID order only out of necessity. For example, if you have been ordered to evacuate your residence due to a wildfire, you will not face penalties for fleeing in a car without an IID.

Punishments for Violating an Ignition Interlock Device Order

If you violate a valid IID order, a California prosecutor can charge you with a misdemeanor criminal offense. If convicted, you face:

• Up to six months in county jail; and,
• A maximum fine of $5,000.

A judge is permitted to order you to submit to summary probation, generally in place of jail time. There are also consequences for your future driving privileges, as the DMV can revoke your restricted license for violating an IID order. If this occurs, your driver’s license will be fully suspended for the entire period included in your original DUI conviction, and you will not be able to drive at all.

The ability to drive is essential to many Californian’s daily lives. The loss of driving privileges may even cause some to lose their jobs or be unable to continue their education. If you have been charged with violating an IID order in Huntington Beach, California, the Chambers Law Firm is here to help keep you on the road. Call us at 714-760-4088 or email info@orangecountyduifirm.com to schedule a no-obligation consultation with an experienced DUI defense attorney.