Ignition Interlock Devices in California DUI Cases
In California, some DUI offenders are required to install an ignition interlock device (IID) on their vehicle. An IID is a breath testing device about the size of a cell phone, that is installed into the steering column of a car. The IID requires an individual to provide a sober breath sample before a car's ignition will be turned on. Any test result over .30 will not start the ignition. The IID will be installed on the vehicle and will remain there for the entire time it is required. Any person who wishes to operate the vehicle must use the device in order to start it. Random breath samples are required periodically while the car is in motion to prevent a sober friend from starting the vehicle. Failure to provide a sample or a sample over the requisite BAC level (.05) will result in the sounding of alarms. Three minutes will be allowed between sample and alarm - thus if it is unsafe to provide the sample while driving, the driver will be given enough time to safely manuevor off the roadway to blow into the device before the alarm will sound. The device will never immobilize the vehicle, so that accidents may be prevented.
The IID will be installed on all vehicles the DUI offender owns and operates on a regular basis. IID's are NOT installed on Motorcycles in California. The IID MUST be installed in the vehicle for the requisite time period, or the DUI offender's driving privliges will not be reinstated.
IID's are installed at designated ignition interlock service centers. The DUI offender is responsible to pay the cost of installation as well as the monthly payments.
IID's are designed to prevent any tampering. Attempts to tamper or circumvent the device will result in imposition of further penalties. Under California statute 23247, it is illegal to request or solicit another person to blow into the IID or to start a car equipped with such a device.
For more information on ignition interlock devices and how they may affect your case, contact an experienced attorney in your area.
The California DUI Implied Consent Statute
23247 - Ignition Interlock Device Prohibitions
(a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352 or 23575, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person, whose driving privilege is restricted pursuant to Section 13352 or 23575 shall notify any other person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 or 23575 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352 or 23575.
(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e) It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352 or 23575 to operate any vehicle not equipped with a functioning ignition interlock device.
(f) Any person convicted of a violation of this section shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g) (1) If any person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person's driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2) If any person who is restricted pursuant to subdivision (a) or (l) of Section 23575 is convicted of a violation of subdivision (e), the department shall suspend the person's driving privilege for one year from the date of the conviction.
(h) Notwithstanding any other provision of law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No charge shall be imposed for the removal of the device nor shall the manufacturer or installer be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.
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