DUI Lawyer | Joel Brand, Esq.

Ignition Interlock Devices (IIDs)

Driving under the influence (DUI) is a serious offense in California, with stringent laws aimed at reducing drunk driving incidents. One of the key measures implemented to prevent repeat offenses is the use of Ignition Interlock Devices (IIDs). These devices are designed to ensure that individuals convicted of DUI cannot operate their vehicles unless they are sober. This article provides an in-depth look at IIDs, including their functionality, legal requirements, costs, and other pertinent details.

What is an Ignition Interlock Device (IID)?

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle’s ignition system. Before the vehicle can start, the driver must blow into the device. If the IID detects a blood alcohol concentration (BAC) above a pre-set limit (typically 0.02% or lower), the vehicle will not start. Additionally, IIDs require periodic breath samples while the vehicle is in operation to prevent circumvention of the system by having a sober person provide the initial sample.

Legal Requirements for IIDs in California

When are IIDs Required?

In California, the installation of an IID can be mandated in several circumstances:

  1. First-Time Offenders: For first-time DUI offenders, the court may order the installation of an IID for a period ranging from six months to one year, depending on the circumstances of the offense and the offender’s BAC level.
  2. Repeat Offenders: Second and subsequent DUI offenders are typically required to install an IID for a longer period, often between one to four years.
  3. Refusal to Submit to Testing: Individuals who refuse to submit to a breath, blood, or urine test may also be required to install an IID.
  4. DUI with Injury (Vehicle Code Section 23153): Offenders convicted of DUI causing injury are likely to face mandatory IID installation.

Legislative Framework

The laws governing IIDs in California are primarily found in Vehicle Code Section 23575, which grants courts the authority to order the installation of IIDs. Additionally, Senate Bill 1046, enacted in 2019, expanded the IID program statewide, making it mandatory for certain DUI offenders.

Installation and Maintenance of IIDs

Installation Process

The installation of an IID must be performed by a state-approved service provider. Here are the typical steps involved:

  1. Find a Provider: Locate a DMV-approved IID provider in your area. The DMV’s website offers a list of certified providers.
  2. Schedule Installation: Contact the provider to schedule an installation appointment.
  3. Installation Appointment: During the appointment, the provider will install the IID in your vehicle and provide instructions on how to use it.
  4. Reporting: The provider will report the installation to the DMV and provide proof of installation to the court, if required.

Maintenance and Monitoring

Once installed, the IID must be maintained and monitored regularly. This typically involves:

  1. Calibration: The IID must be calibrated periodically (usually every 30 to 60 days) to ensure accuracy.
  2. Data Uploads: The device will record data on each breath test, including any failed tests. This data is uploaded to the provider, who reports it to the DMV and the court.
  3. Service Appointments: Regular service appointments are required for calibration and data downloads. Failure to attend these appointments can result in additional penalties or extended IID requirements.

Costs Associated with IIDs

The costs of installing and maintaining an IID can vary based on the provider and the duration of the requirement. Here are the typical expenses involved:

  1. Installation Fee: The initial installation fee ranges from $70 to $150.
  2. Monthly Rental Fee: The monthly rental fee for the IID typically ranges from $60 to $90.
  3. Maintenance and Calibration Fees: Regular maintenance and calibration fees can add another $30 to $60 per month.
  4. Removal Fee: There may be a removal fee once the IID requirement period ends, usually around $50 to $100.

On average, DUI offenders can expect to pay between $2,000 and $3,000 over the course of a year for an IID. Some providers offer financial assistance or sliding scale fees based on income, and offenders may inquire about these options.

Benefits of IIDs

While the costs and inconvenience of IIDs may seem burdensome, there are several benefits to their use:

  1. Preventing Repeat Offenses: IIDs have been shown to significantly reduce the likelihood of repeat DUI offenses. According to the Centers for Disease Control and Prevention (CDC), IIDs reduce repeat offenses by about 70% while installed .
  2. License Reinstatement: For many DUI offenders, installing an IID is a condition for reinstating their driving privileges. This allows them to continue driving legally while demonstrating their commitment to sober driving.
  3. Increased Safety: IIDs enhance public safety by ensuring that individuals with a history of DUI offenses are unable to drive under the influence of alcohol.

Challenges and Considerations

Despite their benefits, there are some challenges and considerations associated with IIDs:

  1. Cost: The financial burden of installing and maintaining an IID can be significant, particularly for low-income individuals.
  2. Inconvenience: Regular calibration and maintenance appointments can be time-consuming and inconvenient.
  3. Stigma: The presence of an IID in a vehicle can be stigmatizing, as it signals to others that the driver has a history of DUI offenses.

Conclusion

Ignition Interlock Devices (IIDs) are a crucial tool in California’s efforts to combat drunk driving and prevent repeat offenses. While the costs and inconveniences associated with IIDs can be challenging, their benefits in terms of public safety and reducing repeat offenses are significant. DUI offenders in California should be aware of the legal requirements, costs, and processes involved in installing and maintaining an IID, and should consult with an experienced DUI attorney to navigate this complex aspect of DUI penalties.

Citations

  1. Centers for Disease Control and Prevention (CDC). (n.d.). Ignition Interlocks. Retrieved from https://www.cdc.gov/motorvehiclesafety/impaired_driving/ignition_interlock.html.
  2. California Department of Motor Vehicles (DMV). (n.d.). Ignition Interlock Device Program. Retrieved from https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/driver-information/administrative-hearings/ignition-interlock-device-program/.
  3. California Vehicle Code § 23575.
  4. California Vehicle Code § 23153.
  5. California Senate Bill 1046. (2019).