Ignition Interlock Devices After A DUI In California
When someone is charged with a DUI in California, they will have to deal with a variety of expenses including fines, administrative costs, court fees, treatment programs, impoundment, higher insurance rates and much more.
Lawyers Helping Clients With Their IIDs Following A Drunk Driving Arrest
According to the LA Times, a first-offense misdemeanor DUI in the state of California can cost the offender up to $15,649 in California, with those under 21 paying up to $22,492. But, keep in mind that these costs can vary depending on the circumstances of the arrest, prior DUI convictions, property damage, and much more.
In addition to these hefty fines, drivers in this state may also be required to have an ignition interlock device (IID) installed in their vehicles. This in itself can be quite costly and inconvenient.
In Southern California, many DUI offenders are being required to install an IID in their cars after an arrest. These devices serve as a breathalyzer and keep the driver from starting the car without first providing a breath sample with no detectable alcohol in it. These devices are expensive and inconvenient, but they have been proven to be successful in deterring defendants from driving drunk.
Do Ignition Interlock Devices Keep People Safe?
According to the California Department of Motor Vehicles (DMV), drivers under the influence of alcohol kill over 1,000 people each year in California, and over 20,000 are injured.
However, since the IID pilot program was implemented in 2010, it has been extended into 2018 and in various counties. On January 1, 2019, the program was extended state-wide to include all California counties.
The CDC found in a 2011 study that IIDs are almost 70% more effective at reducing repeat DUI arrests than a simple driver’s license suspension. This is why IIDs have been recommended for those charged with a DUI by the Center for Disease Control and Prevention (CDC), National Transportation Safety Board (NTSB) and AAA.
An ignition interlock device is a small device that is wired to the vehicle’s ignition system, and the driver will have to blow into the device before they can start the car. The IID costs anywhere between $70 to $150 to install, and the driver will also have to pay around $60 to $80 per month for device monitoring and calibration.
How To Install An IID On Your Vehicle?
If you are charged with DUI and are required to install an IID in your vehicle, you must take the following steps:
- Provide the DMV with a DMV Ordered Verification of Ignition Interlock.
- Pay the $45 administrative fee.
- Serve the specified suspension period.
- Provide California Insurance Proof Certificate (SR-22).
- Pay any other installation fee.
- Have it professionally installed by a court-approved installer.
- Install an IID in every vehicle that you own.
Once the IID is installed, the IID must be calibrated and inspected by a certified installer regularly. The installer will ensure that the device is working properly and that no violations have been logged.
These violations could be any of the following:
- Failing to take the random retests.
- Failing to provide an alcohol-free breath sample.
- Tampering with the IID
- Attempting to bypass the IID.
- Failing to maintain and properly calibrate the IID
- Driving any vehicle without an IID once your license has been restricted.
Each violation is reported to the court or DMV, and it could result in your driver’s license being suspended or revoked.
What To Do If You Have To Install A Court Ordered IID?
If the court orders you to install an IID in your car, you contact an authorized installer and also provide proof of installation to the court. The Department of Motor Vehicles (DMV) is notified by the court, and the DMV will place a restriction on your driver license which will notify police officers of your IID requirement. You must follow each of these rules carefully, or your driver’s license may be suspended.
If you are charged with a DUI, the judge may order you to install an IID, and you are responsible for having the IID professionally installed in any car you drive.
How Does An IID Work?
Before starting the car, the driver blows into the IID to provide an alcohol-free breath sample. If you do not do this, the car will not start. When you are driving, you will have to give random samples every 5-15 minutes of driving and then every 45 minutes thereafter. These rolling tests are a preventative measure to ensure that someone else besides the driver did not blow into the tube to start the vehicle.
If you fail to provide an alcohol-free breath sample when you are asked, your car will not be disabled. However, it will be registered as a “fail” on your report to the court.
Some IIDs are set to allow blood alcohol concentration (BAC) levels that are below California’s legal limit of .08%, but most devices will not even allow the vehicle to start if any alcohol is detected in the breath sample at all. Generally, if the breath sample contains a BAC level of .02% – .04%, then the IID locks the vehicle’s ignition, preventing it from starting.
Most DUI convictions in California require the driver to get an IID in order to be able to drive. These convictions include:
- First offense: 5-6 months with IID
- Second offense: 1 year with IID
- Third offense: 24 months with IID
- Fourth or subsequent offense: 36 months with IID
If you are convicted of a DUI, that would immediately trigger the suspension of your driver’s license. In order to get the license back or reinstated, you would have to put the IID in any car that you own.
Have Questions About An Interlock Ignition Device? Contact The Los Angeles DUI Lawyers Of Braden & Tucci
If you or a loved one are facing DUI charges, consult with the skilled DUI defense attorneys of Braden & Tucci as soon as possible. An attorney can help you to navigate the process of a DUI charge and understand your options.
If any tests were administered and they came back positive, that doesn’t mean that you have to plead guilty. Speak with a drunk driving lawyer at once by calling (213) 935-7550. We can discuss your case and help you learn your legal options so that you can make strategic moves to defend your innocence and maintain your rights.