What is Ignition Interlock Device(IID) and when is it required?

March 12, 2012

Ignition Interlock DeviceThis article discusses What is Ignition Interlock Device(IID) and when is it required. Click on the links below to go directly to your topic of interest.

 

What is Ignition Interlock Device (IID)?

IID is an abbreviation for Ignition Interlock Device and is a device wired to vehicle’s ignition that requires a breath sample from driver before the engine will start. As the vehicle is driven, the devise will request additional samples of breath from the driver to make sure there are no alcohol present in the driver’s blood.

Effective July 1, 2010, 4 counties, including Los Angeles County have a pilot program that requires Ignition Interlock Device after all DUI convictions.Ignition Interlock Devise is a burden, however, is permits issuance of a restricted license, so that drivers who were previously not eligible for a restricted license now are eligible with the installation of this device.

IID is not required for other convictions, such as a “wet reckless”.

A help of a DUI lawyer in Los Angeles is needed to defend a drunk driving charge and possibly to avoid an Ignition Interlock Device (IID).

The DMV mails notices requiring installation of the device to all convicts of VC 23152 (DUI), VC 23153 (DUI with injury), and PC 191.5 (Vehicular Manslaughter while intoxicated). Our office works with anIgnition Interlock Devise installer who provides discount to our clients, however, a full list of approved installers is available on the DMV website. Also, under the new law, drivers are eligible for a reduced cost of an Ignition Interlock Device when their family’s income is less then 300% of federal poverty level.

The IID requirement is not imposed by the courts; nevertheless, the DMV will require installation even when the courts don’t. The DMV and not the court is required by law to mandate all drivers convicted of such offenses to install it. Upon installation of the device, it must be serviced every 60 days. By law, the installer must notify the DMV if the IID is tampered, attempted to be removed, or if you fail to comply with maintenance requirements 3 times. If the Ignition Interlock Devise installer opines that such a violation occurs, the DMV will reimpose the suspension until you comply with the installer’s protocol. Lastly, commercial drivers are not eligible for any IID requirements and must serve the entire suspension.

IID Requirements after a DUI conviction in Los Angeles County

Effective July 1, 2010 all persons convicted of DUIs in 4 California counties (Los Angels, Tulare, Alameda, Sacramento) are required to install ignition interlock device (IID) in their vehicle (CVC 23700).  This new California law is known as AB 91 (California Assembly Bill 91).

Installation and maintenance of IID (must be checked every 60 days) will be paid by the driver – for example, a typical cost of maintaining IID is a monthly fee of up to $85.00 .

Prior to passage of AB 91, the court had discretion to require a person convicted of a DUI related offense to install an IID in their car.  That is still the law in the remaining 54 counties.  However, the persons convicted of DUI in the 4 pilot counties are required to install IID either for 5 month (first offense); 12 month (second offense); 24 month (3rd offense); 36 month (4th and any subsequent offense).   A person convicted of a DUI with injuries (Cal V.C. 23153)  will be required to install ignition interlock device for 12 month on a first offense; 24 month on a second offense; 36 month on a 3rd offense; 48 month on a 4th and any subsequent offenses.

How long IID have to be on the car after a DUI in Los Angeles?

The new law requires IID for 5 month after 1st conviction; for 1 year after 2nd conviction; for 2 years after 3rd conviction and for 3 years after 4th conviction. For persons convicted of DUI’s with injuries the law requires installation of an IID for the period of 1 year after 1st conviction; for 2 years after 2nd conviction; for 3 years after 3rd conviction; and for 4 years after 4th conviction.

When Will I have to Install the IID after a DUI in Los Angeles?

The period starts after the suspension is lifted and the driver provided proof of installation of the IID. For example, drivers who lose an APS hearing and get convicted of a first offense DUI in Los Angeles will have to install an IID after one month of actual suspension if he or she applies for a restricted license. Different law controls length of suspension for 2nd and 3rd offense DUI, permitting restricted licenses after 90 days of actual suspension for a 2nd offense DUI and 6 month of actual suspension for a 3rd offense DUI as long as that driver installs an IID.

Summary:

Prior to passing of the law, the courts had the ability but where not required to order installation of an ignition interlock devises in the driver’s vehicle. Now, the law requires installation of an IID after a DUI conviction in Los Angeles County. Now, more then even, wet reckless is a great alternative to a DUI because a wet reckless conviction does not require installation of an IID. Call Los Angeles DUI attorneys for a free consultation about your DUI.

How to avoid Ignition Interlock Device

People who don’t comply, can’t get their driver’s license back.  The only way to possibly avoid IID, is to file for an exemption within 30 days of a conviction (ask DMV for paperwork).  I say possibly because my read of AB 91 indicate that this IID requirement does not go away.  In contrast, DMV told me that the exemption will go away as long as the person waits out the entire period of IID in suspended status.

Keep in mind that exemption is not easy to get because the person convicted of a DUI must shows to the DMV that (1) she does not own a car, (2) has no access to a car at her residence, (3) acknowledges that she is only allowed to drive a vehicle equipped with ignition interlock devise and couple other minor requirements.  So, the DMV will cross reference the name and the address of the driver and if the driver owns a car or has a car registered at her residence, DMV will deny the exemption.

I am guessing that by 2015 the DMV will report to the legislature that AB 91 reduced recidivism in the 4 pilot counties and the law will be extended to the rest of California.

Several California Vehicle Code sections were modified after the passage of this law to conform with AB 91, including such sections as administrative suspension section (CVC 13353.3) that now terminates a suspension upon installation of an IID when a driver loses admin per se hearing.

 

Los Angeles DUI Attorney

 

(818) 921 7744  Call anytime to get a free consultation with Los Angeles DUI Attorney.

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