Ignition Interlock Devices

As technology has emerged that addresses the problem of impaired driving, courts and the Department of Motor Vehicles have slowly adopted some of these developments and new technologies. One relatively new instrument that has been embraced by the courts and the DMV is the Ignition Interlock Device (“IID”). An IID is a small electronic device equipped with a mouthpiece that is wired into a vehicle’s ignition system. The device requires the driver to provide a breath sample in order to start the vehicle. If alcohol is detected in the breath sample, the vehicle will not be able to start. After the car is started, the driver must blow into the device at random intervals to keep the vehicle operational. The IID must be installed at a licensed installation facility and must undergo periodic calibration and monitoring.

The California Department of Motor Vehicles is currently conducting an Ignition Interlock Device Pilot Program in Los Angeles, Alameda, Sacramento and Tulare counties. All individuals convicted of a DUI offense in any of these four counties will be required to have an IID installed in their vehicles for at least five months. The IID installation is only required for DUI convictions under California Vehicle Code Section 23152, DUI causing injury pursuant to California Vehicle Code Section 23153 and vehicular manslaughter while intoxicated under California Penal Code Section 191.5(b). The IID requirement would apply to defendants who live outside of the four counties listed, as long as the incident occurred in one of the four pilot program counties.

If the driver does not own a vehicle or if he or she does not live in California, an exemption to the IID requirement may be available. Those in California who get this exemption would be prohibited from operating any motor vehicle until they have complied with the IID requirement. Those who have licenses from other states would be able to get any hold placed on their driving privileges by the California DMV lifted upon filing an out-of-state IID exemption affidavit. Drivers should know that an IID cannot be installed into a motorcycle, so those who rely on a motorcycle for transportation may have to make alternate arrangements if the IID restriction is imposed on them. If you have other questions about IID in Los Angeles, you can visit my DUI website.

While the DMV pilot program only applies to Los Angeles, Alameda, Sacramento and Tulare counties, there are situations where an IID may be part of a DUI driver’s sentence or license suspension in any California county. For those with a second DUI conviction, a restricted license may be available if they have an IID installed in their vehicle. Typically a driver loses his or her license for at least a year on a second DUI offense. However, if the driver elects to have an IID installed, they would be able to get a restricted license after a 90 day hard suspension as long as they have already been convicted in court. This would not apply to drivers who were on probation for a first offense when they were charged with a subsequent DUI or for drivers who refused to submit to chemical testing. These drivers would not be eligible for a restricted license. A third time DUI offender may be eligible for a restricted license with an IID after a six month hard suspension, as long as he or she has also enrolled in the 18 or 30 month alcohol education class.

If the defendant is convicted of driving on a suspended or revoked license where that suspension or revocation was caused by a DUI, he or she would be required to install an IID in his or her vehicle. Of course, the IID restriction does not permit a driver to operate a motor vehicle without a valid license. If a driver is required to have an IID installed and is caught driving without this device, he or she could be charged with a separate crime of driving in violation of the IID restriction.