Drivers must install an IID before getting a restricted driver's license or restoring driving privileges after certain types of convictions. Depending on the conviction, the IID must remain installed for different lengths of time.
IID for DUI Convictions
California Vehicle Code (CVC) Section 23575.3(h)(1) says you are required to install a functioning, certified ignition interlock device (IID) if convicted of subdivisions (a), (b), (d), (e), or (g) of CVC Section 23152. (Note: VC 23152(f)—driving under the influence of a drug—is not listed.)
If you are convicted of your first DUI, the court may order you to install a functioning, certified ignition interlock device on any vehicle you operate for up to 6 months. CVC Section 23573.5(h)(1)(A)(i).
If you are convicted of a second DUI, you must install a functioning, certified ignition interlock device as ordered by the court for 12 months. CVC Section 23573.5(h)(1)(B).
If you are convicted of a third DUI, you must install a functioning, certified ignition interlock device as ordered by the court for 24 months. CVC Section 23573.5(h)(1)(C).
If you are convicted of a fourth DUI, you must install a functioning, certified ignition interlock device as ordered by the court for 36 months. CVC Section 23573.5(h)(1)(D).
IID For DUI Causing Injury
CVC Section 23575.3(h)(2) says you are required to install a functioning, certified ignition interlock device (IID) if you are convicted of a violation of subdivisions (a), (b), (d), (e), or (g) of Section 23153.
If you are convicted of a first DUI causing injury, you must install a functioning, certified ignition interlock device as ordered by the court for 12 months. CVC 23573.5(h)(2)(A).
If you are convicted of a DUI causing injury with one prior DUI conviction, you must install a functioning, certified ignition interlock device as ordered by the court for 24 months. CVC Section 23573.5(h)(2)(B).
If you are convicted of a DUI causing injury with two prior DUI convictions, you must install a functioning, certified ignition interlock device as ordered by the court for 36 months. CVC Section 23573.5(h)(2)(C).
IID for Driving on a Suspended License
You can also be forced to install an ignition interlock device if you are convicted of driving on a suspended license. CVC Sections 14601.2, 23575(a). Also, beware of CVC Sections 14601, 14601.1, 14601.4, and 14601.5, which require you to install an IID if you were originally charged with CVC 14601.2 but you pleaded guilty or no-contest to the lesser offense. However, the court can relieve you of the requirement to install the IID in the interests of justice.
Other IID Laws
It is against the law to drive without an ignition interlock device if your driving privilege has been IID-restricted. CVC Section 23247(e).
People who allow someone to drive without an IID violate California law. 23247(a). Also, if you blow into the IID at the request of a driver who has an IID-restricted license, you are violating CVC Section 23247(c). If you are required to have an IID in your car and you ask someone to blow into the IID for you, you are in violation of CVC Section 23247(b).
The DMV has a list of certified IID providers.
Every IID provider shall have a fee schedule that allows the driver to pay for the device based on his or her ability to pay. CVC 23575.3(k)(1).
What is An Ignition Interlock Device?
An ignition interlock prevents a car from starting if the driver has been drinking alcohol. The driver must blow into the device to register a zero blood alcohol level before the car will start. While the driver is driving, the device will prompt the driver to blow again at random times to keep the car running. If you are required to install an IID, you must pay for all expenses, including renting the IID from a vendor, and all DMV fees.
The IID must be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. CVC Section 23575.3(f)(1).
Are There Exemptions for Ignition Interlock Requirements?
CVC 23573(d)(2) says you can qualify for an IID exemption if you meet all of the following requirements:
(A) You do not own a vehicle.
(B) You do not have access to a vehicle at your residence.
(C) You no longer have access to the vehicle you were driving at the time you were arrested for the violation that resulted in a conviction requiring you to install the IID.
(D) You acknowledge that you are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E) You acknowledge that you are required to have a valid driver's license before you can drive.
(F) You acknowledge that you are subject to the requirements of CVC Section 23575.3 when you purchase or have access to a vehicle.
If you are facing a DUI arrest or the charge of driving on a suspended license, call Richard Wagner, Attorney at Law, today at 714-721-4423 to arrange a free consultation.
