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What is Interlock Ignition Device?
If you’re convicted of driving under the influence or plead guilty to the charge, your driving privileges could be suspended or revoked. After the suspension or revocation period, you might have your driver’s license restored, but this could come with restrictions, including installing an ignition interlock device (IID).
If the court orders that you install the device, it’s crucial to understand the requirements. Skilled criminal defense lawyers in San Bernardino County can provide an overview of what you need to know. An IID is installed in your vehicle and measures the amount of alcohol in your breath before you drive.
If your blood alcohol content (BAC) is beyond the legal limit, the car won’t start, preventing you from committing another DUI offense. If you violate any IID rules, the violation will be recorded by the California Department of Motor Vehicles or reported by the court if you’re on probation. Ensure you comply with the law to avoid complicating your case.
When is an Ignition Interlock Device Required in California?
Since January 2019, the law has required judges to order IID installation under the following circumstances for all DUI arrests:
- After a first DUI conviction if the offense involved an injury: Mandatory IID for one year
- After a second or subsequent DUI conviction in 10 years: Mandatory IID for 1-3 years
- After a second or subsequent offense with injury: Mandatory IID for 2-3 years
- Prior felony DUI: Mandatory IID for three years if the DUI entailed no injury and four years if the DUI entailed injury
- After a conviction of driving on a suspended license
If you are facing DUI charges, whether for the first or subsequent time, retain skilled San Bernardino County DUI defense lawyers to help you navigate the charges. They can help you create robust defense strategies to have the charges dropped or penalties reduced.
How Does an Ignition Interlock Device Work?
An IID is like a mini-breathalyzer instrument, almost the size of a cell phone. You install it on the car’s steering column when a judge orders you to. DUI defense lawyers in San Bernardino say that once you get the court order:
- You must have the device professionally installed
- Install it in every vehicle you own or drive, apart from employer-owned cars and motorcycles.
Before starting the car, you must blow into the ignition interlock device and provide an alcohol-free breath sample, without which the car won’t start. Once you start driving, the device will ask for random samples 5-15 minutes after moving and about every 45 minutes later.
Once it requests a sample, you have six minutes to provide it, which is ample time to pull over if you don’t feel safe providing a sample while driving. If you don’t pass the test, the IID will not turn off the vehicle but will register a fail on the log that gets reported to the court.
What Are the Consequences of Violating the IID Rules?
The California Department of Motor Vehicles stipulates that non-compliance with the IID restriction rule can result in the resuspension or revocation of your driver’s license. Actions that constitute a violation of the regulations include:
- Trying to bypass the IID
- Failing to have the device serviced every 60 days as prescribed
- Attempting to remove the device from the vehicle
If you face IID violation charges, consult San Bernardino County DUI defense attorneys. They can investigate your case and fight to defend you against having your driver’s license suspended again or revoked. Generally, it’s best to adhere to IID laws and complete the installation period without additional charges.
Who Must Wait Before They Can Drive with an IID?
You are not eligible to apply for an IID if you:
- Have a DUI in California, and the case involved an injury to someone else
- Have a DUI record within the last ten years
DUI defense lawyers in San Bernardino County explain that you must wait to serve at least a full year of the suspension before being eligible to apply for the IID-restricted license. That translates to one year of not driving yourself. This is a solid reason to use skilled lawyers’ expertise when fighting DUI charges.
What Are the Legal Requirements Before Driving with an IID Restricted License?
Before you can start driving with an IID after a DUI conviction in California, you must comply with the following legal requirements:
- Clear all outstanding suspensions or revocations on your driving record, even if they are not alcohol-related. License suspensions due to insurance-related offenses or backlog in child support payments can make it difficult to clear the suspension.
- Depending on the case specifics, provide a Proof of Enrollment Certificate (DL 107) or Notice of Completion Certificate for the length of the DUI program.
- Provide an Insurance Proof Certificate (SR 22). This unique document issued by auto insurers attests that your active insurance meets the minimum state requirements for financial responsibility. It doesn’t replace your existing car insurance but supplements it.
- Pay restriction fees, including added Administrative Service Fees
- Provide a Verification of Installation Ignition Interlock form on all your registered cars to the DMV
The process can be complex and lengthy, but your team of DUI lawyers can guide you accordingly.
An Experienced DUI Lawyer Providing Legal Counsel on IID Installation Requirements
An interlock ignition device is required by law for anyone who has committed an alcohol-related driving offense. The laws around IIDs are complex, and violating them can result in more severe consequences. Consulting skilled criminal defense lawyers in San Bernardino County is crucial if facing DUI charges.
They can fight to dismiss the charges to prevent you from the DUI penalties, IID included. We have knowledgeable DUI lawyers at Patrick Silva, Attorneys at Law. They can evaluate your case and help you develop a solid and reliable defense strategy to protect your rights. Call us at 909-500-4819 to schedule a FREE case assessment.
