Attorney Christopher J McCannIntroduction to the Ignition Interlock Device Program California

An IID is installed on a motor vehicle’s dashboard and acts like a breathalyzer. Prior to the vehicle being started, the driver must first give a breath sample into the device. If the IID detects a breath alcohol level higher than the programmed amount the engine will be prevented from starting. Once the vehicle has been started, the IID will require a random breath sample. This random sample is designed to limit the likelihood that another individual is providing a breath sample. If the sample is not given or if it is above the agreed upon breath alcohol concentration the IID will keep a record of the event, warn the driver and start an alarm until the car is turned off and/or another breath sample is given.

Ignition Interlock Device Program California

Starting July 2010, California passed two separate laws stipulating the use of an IID. . First, law AB 91 requires that a convicted DUI offender must install an IID in every vehicle that they either own and/or operate. It is important to note that this means that married couples that drive separate vehicles must install an IID in both vehicles. This pilot program is only a requirement for the following locations: LA, Alameda, Sacramento and Tulane. While it is not mandatory in other California counties, the installation of an IID may be used as an alternative to a suspended driver’s license. Additionally, prior to being eligible to obtain a restricted driver’s license the DMV must certify that an IID has been successfully placed in every vehicle. Furthermore, the vehicle must be taken to a certified IID service facility every three months for preventative maintenance. Failures to attend three or more service appointments may lead to further penalties include a longer driver’s license suspension. The specific length of time the IID must remain in the vehicle is dependent number of times the defendant has been found guilty of a DUI. First time offenders must use the IID for five months while multiple offenders may be required to use the device for up to three years.

The second law, SB 598, allows for shortened license suspension individuals who have multiple DUI convictions that meet specific guidelines. For anyone convicted of his or her second DUI within a ten year period may have the option of applying for a restricted license after a mandatory 90-day suspension. To qualify for a restricted license in California the person must submit the following information:

  • Proof of enrollment/completion of either an 18 or 30-month DUI School
  • Proof of financial responsibility
  • Payment for the use of an IID and the installation of the IID
  • Payment for any DMV fees

Conclusion

The use of an IID in California may be an option for anyone convicted of a DUI. Questions regarding the eligibility of a person for an IID should be directed to a DUI attorney.

About Guest Post Author:

If located in Orange County, California and in need of a qualified and competent criminal defense attorney, contact Christopher McCann directly who is offering a free consultation. Christopher J McCann is committed to providing the best legal service possible for every single client. You can follow his tweets on twitter at @CJM_Law_Firm for some legal related information.

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