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June 29, 2010

Ignition Interlock Bill Passes in California

Filed under: Los Angeles Criminal attorney — Tags: , , , — fayarfa @ 1:25 am

Guest Author Blog Article

Ignition interlock devices function similarly to breath analysis machines in that the driver must blow into a tube to have his or her breath alcohol content analyzed. If the driver’s reading is above legal limits, the car will simply lock up and the driver will be unable to turn it on.

California DUI defense attorneys have been waiting for the new, pilot Ignition Interlock Device (IID) law to take effect, requiring even first offenders to install an IID in four counties only.This pilot program goes from July 1, 2010, to January 1, 2016, in only the Counties of Alameda, Los Angeles, Sacramento, and Tulare.

It requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of DUI offenses (California Vehicle Code Section 23152), a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates unless exempted (see attached DMV notices). The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed.

The statute specifies IID terms below in the target counties

(7) A person is required to install an ignition interlock device for the applicable term as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation or a suspension of a person’s driver’s license, as follows:

(A) A person convicted of a violation of Section 23152 shall be required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition interlock device in  all vehicles owned or operated by that person for a mandatory term of 12 months.
(iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.

(B) A person convicted of a violation of Section 23153 shall install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 12 months.
(ii) Upon a second offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.
(iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 48 months.

http://leginfo.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_91_bill_20091011_chaptered.html

Published DMV statements apply for IID exemption are attached (not associated with 4-county program). “Vehicle Code section 23573 requires program participants to have the IID installed within thirty days of the mail date of the departmental notice by an authorized IID installer and verification of the installation to be submitted to the department on a department prescribed Verification of Installation form”.This is not to be confused with the second offender interlock law available after 90 days. New California DUI laws for second dui offender to drive legal after obtaining credit for at least 90 days of license suspension.

About the Author:
Rick Mueller is a San Diego DUI Attorney and defends those accused of DUI in San Diego County, California.

14 Comments »

  1. I have a IID installed in my truck for a first offense DUI. I had a high BAC and was ordered by the court to have it installed. I quit drinking the day i got my DUI and haven’t had a drink in 9 months. I however have blown failed tests on my device numerous times. The company I am dealing with can’t explain the problems I’m having. I once blew a .159 on a rolling retest 10 minutes after starting my truck with a .000. The devices are completely unreliable. The kicker is when i did blow the .159 false reading it didnt shut my truck down, call the cops or have a helicopter land to arrest me. It just put me in a 5 day lock out where i had to go pay $40 to get it unlocked. My point being even if i was twice the legal limit as the device said I was …. it still let me continue to drive!!!

    Comment by Robert Walker — September 8, 2010 @ 11:32 am

  2. I also have the interlock device installed. they claim it’s very accurate. I’ve blown a couple failed tests with no alcohol in my system but they never reported a BAC level. However the other day I got called into work early in the morning and had drank the night before. I blew once and failed and didn’t complete the retests, I just unplugged the system and found another way to work. I am supposed to turn my machine in today to get it calibrated and I am petrified that they’re going to send this report to the courts and they’re going to extend my sentencing or even revoke my license or kick me out of this program. I have been reading for hours all over the internet to find out what might happen in the case that I bailed on completing the tests but to no avail. It seems no one has an answer.

    Comment by Evanie — September 17, 2010 @ 1:33 pm

  3. These devices are a absolute JOKE and are a hazard to ALL people on the road. They continue to go off while driving. You must blow while still driving in order to keep the siriens, horn or lights from going off. I believe blowing your horn or flashing your lights at others on the road for no reason is a violation of DMV, but this is what this device does. Not to mention, ANYONE can blow into the device. What I want to know, what good does these devices do if anyone, not only the driver can blow into the mouth piece. I am not the person who received the DUI or had to have the device installed, but I am a person who voice should be heard. These are a total waste of consumers money, and risk to innocent drivers and should not be allowed in the cars. There must be a better way to keep druck drivers off the road, but I can tell you, this isn’t the way. California needs to wake up and request from the people who have had these installed how well they work, not the manufactors.

    Comment by Mary — September 23, 2011 @ 12:09 am

  4. San Diego personal attorney…

    [...]Ignition Interlock Bill Passes in California « Best Defender Blog[...]…

    Trackback by San Diego bankruptcy attorney — October 16, 2011 @ 10:35 pm

  5. Dear Bestdefender,
    Very interesting, With the passage of Leandra’s Law, the state of New York has joined nine other states in the implementation of the mandatory “first offender” ignition interlock laws. This new legislation was introduced at the request of Governor David A. Paterson. The legislation was subsequently passed by both houses of the New York State Legislature and officially signed into law on November 18, 2009. This law was designed to enhance penalties against those guilty of driving under the influence of drugs and alcohol that endanger the health and safety of children.
    Cheerio

    Comment by San Diego DUI attorney — February 1, 2012 @ 3:25 am

  6. I was convicted of a second DUI in Dec 2011 in LA county. After calling the DMV mandatory actions unit, they told me that I wouldn’t be eligible for an IID until Dec 2012. However, reading VC 23700, it states that as of July 1st, 2010, DMV’s IID pilot program would allow me to have a restricted license at this point. Why is the DMV MAU telling me otherwise? What am I missing? Any help is appreciated.

    Comment by John Ferazian — June 18, 2012 @ 7:09 pm

  7. Got a second DUI (8 1/2 years after first one) last August. I’m a business attorney with now criminal experience and hired counsel to represent me, however he was unfamiliar with CA Senate Bills 598 and 895. I did the research and in December 2011 installed an IID and up until June had been driving on my restricted license. However, in June, I missed my 10th Group session of my DUI course and was suspended. With a couple of phone calls, I was literally reinstated two days later, however, the DMV has Suspended my license for the full two years now (September 2013) not allowing me to operate a motor vehicle even with an IID. Seems rather harsh to me given the fact that I almost immediately re-enrolled and my absences were do to unforseen/sudden work/family obligations. I again meet all of the requirements for an IID. I’m considering pertitioning for a Writ of Mandate but vehicle code 13352(e) seems pretty clear that the DMV has the power to issue the suspension - is there any grounds to challange the suspension or would I be wasting my time and money pursuing this? Any other way to get a restricted license?

    Comment by EB — July 20, 2012 @ 1:55 pm

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