Ignition Interlock Devices
Ignition interlock devices (IID) are breathalyzer machines installed on the car of someone who has been convicted of driving under the influence of alcohol or drugs (DUI). In order to start the car, the driver must blow into the IID. Often, IIDs require periodic blows while the car is operating, dubbed a “rolling re-test.” If, in this case, the BAC is over 0.02, the car will automatically honk its horn and flash its lights to attract the attention of law enforcement personnel.
BAC of 0.15 or Greater
IIDs are imposed on first time DUI convicts who were arrested with a blood alcohol concentration (BAC) of 0.15 or greater, and no other aggravating circumstances such as a suspended driver’s license. This will be in addition to a restricted license, or in the place of a revoked license. In the event the convict fails the IID program, the driver will suffer a revoked license for the remainder of the period.
Suspended Driver’s License
IIDs are required for those arrested for a DUI concurrent with a suspended driver’s license. Under a new law, the driver’s license suspension need not be connected to a previous DUI – it could have been for any reason. The installation of an IID is automatically required pursuant to the DMV’s authority – not pursuant to the court’s discretion.
Discretion of the Court
Courts may impose the use of IIDs even on a first DUI offense, according to aggravating facts and circumstances such as the refusal to submit to a chemical test or a BAC of 0.10 or greater. IIDs are typically required of a driver facing DUI felony charges because of a 3rd or 4th DUI conviction, if they are granted restricted use of driver’s license at all.
Misuse of an IID
Under Vehicle Code 23247, up to 6 months in jail and $5,000 can be imposed upon someone who intentionally removes, bypasses, or tampers with an IID for the purpose of driving drunk. The same penalty applies to sober accomplices who blow into the IID to allow the drunk driver to start the car. The section also applies to drivers who solicit the help of a passerby to blow into the IID. To help prevent the use of an accomplice, IIDs may require a certain breathing pattern.
RLG attorneys are experienced in all aspects of DUI law. If you have been arrested for DUI, a criminal defense attorney at RLG will fight to protect your rights. We serve the entire Bay Area.
For outstanding legal representation, please contact RLG for a free consultation: (415) 877-4486
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