IGNITION INTERLOCK DEVICE FOLLOWING DUI CONVICTION
The Ignition Interlock Device (IID) is required for repeat DUI offenders as well as first time offenders in Los Angeles County (which is one of four California counties that require the IID on a first time DUI offense). The IID is installed inside the vehicle, near the driver's seat, and is directly connected to the engine's ignition system. It works as a breathalyzer, measuring the alcohol in a person's system. If the person blows into the IID and it detects alcohol the vehicle will not start. The IID may also require you to blow into the device while you are driving. If alcohol is detected while driving, the device will blow the horn to signal the driver to pull over and turn the engine off.
However, the vehicle not starting due to the IID detecting alcohol will not be your biggest problem. The data that is received from the breath sample will be transmitted to the Court and/or the DMV. If the IID detects alcohol the driver may then be found in violation of a Court order and/or the terms and conditions of their probation if they were ordered not to drive a motor vehicle with any measurable amount of alcohol. You could also see your driver's license get suspended.
WHEN CAN YOU GET THE IID GET INSTALLED?
Upon a 1st offense DUI court conviction in Los Angeles County, you are eligible to immediately obtain an IID restricted driver's license. On DUI convictions involving a prior offense, e.g. a person's 2nd offense or greater, there will always be a "hard suspension" period first before you are eligible to obtain a restricted driver's license. The restricted driver's license will require installation of the IID. How long you must wait before getting it installed depends on how many prior offenses and the types of prior offenses that you have. For example, a driver convicted of a 2nd offense, with 1 prior misdemeanor conviction, must wait 90 days before they are eligible for an IID restricted license. A driver convicted of a 3rd offense, with 2 prior misdemeanor convictions, must wait 6 months. Both of these examples are applicable if there was only alcohol impairment. If drugs were involved the period is longer. CONTACT our office if you have questions about your IID eligibility.
HOW LONG MUST THE IID REMAIN INSTALLED?
How long the Ignition Interlock Device must remain in your vehicle also depends on how many prior offenses and types of prior offenses that you have. A 1st time DUI offense in Los Angeles County requires the IID to remain installed for 5 months. An IID following a 2nd DUI offense, with 1 prior misdemeanor conviction, must remain installed for 1 year and an IID following a 3rd offense, with 2 misdemeanor convictions, must remain installed for 3 years. CONTACT our office if you have specific questions about how long you will need to keep the IID installed in your vehicle.
OTHER IID RULES
Commercial drivers are not eligible for an IID restricted license. A commercial driver convicted of a 1st time DUI offense will receive a 1 year driver's license suspension. You must give up your commercial license and obtain a regular Class C license in order to get an IID restricted license. Similarly, If you refused to submit to a breath or blood test following a DUI arrest your license will be suspended for 1 year and you are ineligible for an IID restricted license.
If you have an IID installed you are allowed to drive without limitation. This differs from the restricted license which allows you to drive only to/from work and to/from DUI classes. This type of restricted license applies to 1st time DUI offenders not in Los Angeles County (or one of the other 3 pilot counties which require IID for 1st time offenses) and to those offenders with only a DMV administrative action taken against them.
CONTACT OUR OFFICE TODAY
If you are facing DUI charges, CONTACT our office today for a free and confidential consultation. DUI Lawyer Robert D. Berglund will personally return your call to discuss your case and explain the driver's license consequences to you. Do not delay if you were arrested and your license was confiscated by the arresting officers. You only have 10 days to contact DMV to request an Administrative Per Se hearing or else your driver's license will automatically be suspended 30 days from the arrest date. CONTACT Berglund Law Office, P.C. today.