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Ignition Interlock Device Laws in California

If you are convicted of driving under the influence in California, you may be required to install an ignition interlock device or IID. These devices are designed to prevent a person from operating a motor vehicle if they have any alcohol in their system. Understanding ignition interlock device laws in California is important so you know what you might face if you are convicted of driving under the influence.

How Do Ignition Interlock Devices Work?

An IID is a type of breathalyzer. It is installed in your vehicle and connected to the vehicle’s ignition system. A judge may order you to install an IID as part of your sentence for a DUI conviction. If so, you must have an IID installed by a professional in each vehicle that you own or drive.

Before you start your vehicle, you must blow into the ignition interlock device. Your breath sample must be alcohol-free, or your vehicle will not start. While you are driving, you must provide random samples. You have just a few minutes to provide the sample. All “fails” are recorded and reported to the court.

How Does the IID Know I Am the Person Giving the Breath Sample?

Ignition interlock devices are difficult to trick. They require a specific breath pattern as a sample. The cords are very short, making it impossible to pass the device to a passenger for a breath sample. It is illegal to have someone provide a breath sample to avoid the IID disabling your vehicle. The IID detects any attempts to tamper with or disable the device. It logs all of your breath test results and every time you start and stop your engine.

Mandatory IID Requirements for DUI Convictions in California

A judge may order you to install an ignition interlock device if:

  • You are convicted of DUI per se, and your BAC is 0.08% or higher
  • You are convicted of driving under the influence, especially if your BAC is .015% or higher
  • You are driving with a suspended license because of DUI convictions
  • You refused to submit to a breath test or blood test

In some cases, judges will order you to install an IID because it is mandatory under California IID laws. For example, a judge will order you to install an IID if you are convicted of DUI causing injury or have prior DUI convictions.

California IID laws require that you install an ignition interlock device for a period of one year for a second DUI conviction. A third DUI conviction requires installing an IID for two years. A fourth or subsequent DUI conviction mandates installing an IID for three years.

You may also be required to install an IID if you apply for a restricted driver’s license after a DUI conviction.

You Are Responsible for the Costs of Installing and Maintaining the IID

You must use a court-approved company to install the ignition interlock device in your vehicle. Even though you are court-ordered to install an IID after a DUI conviction, you are responsible for all costs related to the IID.

The IID company charges a fee for installing the device the device. You are required to pay a daily fee for monitoring services. The company also charges fees for calibration and maintenance of the ignition interlock device.

Generally, installation fees for IIDs are between $75 and $150. Companies charge $60 to $90 for monitoring and calibration. Monthly lease fees may also apply. The fees depend on the type of device and the length of the mandatory installation period.

Can an IID Result in a False Positive?

It is rare that an IID registers a false positive, but it can happen. Reasons why the IID might give you a false positive include:

  • You ate spicy food that mixed with the acid in your stomach to create methane, which can result in a false positive at high levels
  • You used mouthwash within 15 to 20 minutes before blowing into the IID
  • Large amounts of energy drinks could also result in a false positive
  • The IID is not calibrated correctly or malfunctions

If you register a “fail” on the IID, do not panic. If you believe it is because of something you ate or drank, rinse your mouth, wait a few minutes, and retest. Notify the company of the circumstances that led to the false positive and make a note for yourself in case anything comes up regarding the false positive.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

A DUI conviction can result in severe DUI penalties that cause numerous problems for you in your personal life and career. Fight DUI charges with the help of an experienced San Jose DUI attorney. For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500 

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