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  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

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    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

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    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

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California Ignition Interlock Device Laws

Posted in Criminal Defense,Drunk Driving,DUI on August 14, 2019

When a person has been found guilty of driving under the influence in California, there are times when they may be required to install an ignition interlock device (IID) in their vehicle. These devices can be ordered under the following circumstances:

  • A first offense DUI, particularly if the defendant’s blood alcohol level (BAC) is .15% or higher.
  • A first offense of refusing to submit to a breath test or chemical blood test.
  • Other suspended license violations stemming from DUI convictions.

An IID will be required for repeat DUI convictions as well as DUI incidents causing injury.

Ignition interlock device laws

How long do I have to have an IID?

First-time offenders usually have to keep an IID in their vehicle for six months. For repeat DUI offenses, the required amount of time for an IID ranges from one to three years. A second DUI offense causing injury requires an IID to be installed for two years (three years for third conviction).

How Do IIDs Work?

An IID is essentially a mini-breathalyzer test that is about the size of a cell phone. It is installed on the steering column of a vehicle. When a judge orders that a person must have an IID as part of their probation, the person convicted must:

  • Have it professionally installed
  • Have an IID installed on every vehicle that person owns or drives

Before a person with an IID can start their vehicle, they must blow into the IID to provide a breath sample. If a person does not blow into the IID, their vehicle will not start. Once a person begins driving, they will be asked to provide random samples (one between 5 – 15 minutes after you begin driving and then around every 45 minutes after).

  • A driver has six minutes to provide a sample once asked for one by the device. This gives the person time to find a safe place to pull over.

If a person does not pass the IID test, the device will not disable the vehicle. However, it will register the test as a “fail” on the log that will be reported to the court.

In California, steps are taken to ensure that the person who is required to provide the breath sample is the one who actually does so. This is done by:

  • Requiring a specific breath pattern
  • Random samples while driving
  • Having a short cord that cannot reach to the passenger or back seats
  • Making it a crim for another person to provide the sample for you

Drivers in California must have an installed IID serviced every 60 days.

New Changes for 2019

Gov. Jerry Brown signed into law Senate Bill 1046 which makes law a program that had been pilot tested in various cities throughout the state. The new law allows for those whose license has been suspended for DUI with a certain blood alcohol level to be eligible for a restricted driver’s license if they install an IID in their vehicle. This means that most drivers convicted of first-time DUI will be able to get their licenses back quickly without having to wait for the mandatory suspension period to expire. This is seen as important for allowing Californians to get to work, school, or elsewhere.

Securing help from an attorney

DUI laws can be confusing. If you have been charged with DUI, please seek help from a qualified and experienced DUI attorney who can guide you through this process.