Information on Having to Get an Ignition Interlock Device in the Golden State of CA and Ways How to Avoid Ignition Interlock Installation
San Bernardino, San Diego, Sacramento, Oakland, Los Angeles, and every of the city and county in California have the same laws regarding drinking and driving and CA Ignition Interlock requirements for a DUI offense. Those caught drinking and driving will be charged with Driving Under the Influence (DUI) and, should they be convicted or plead guilty in court, they are subject to the fines and penalties California uses as punishment.
Like the laws in many other states, a DUI in California uses financial penalties, a driver’s license suspension, jail time, and the possibility of having to use an Ignition Interlock Device (IID) on any car the person drives, which includes any work vehicle as well. There are arrest-specific defenses available in time for ways how to get out of ignition interlock device installation requirements in CA. These legal methods to avoid having to use an interlock after a DUI charge happens, are often found after an online arrest review can take place.
The laws in California state that those operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher will be arrested and charged with DUI, and if convicted of the offense – will have to get an Ignition Interlock installed on their car in order to legally drive anywhere in the state. A study done by government researchers has shown that most individuals with a 0.05 percent BAC are impaired and unable to drive safely, and at 0.08 percent every individual is impaired. It is these DUI studies that help set the standard for both drunk driving and Ignition Interlock laws in the state of California and all other states across the country.
What are the DUI and Ignition Interlock Penalties for Driving Under the Influence in California?
California uses a number of different types of punishment as a means to penalize those who have been cited, charged, and convicted of DUI. For a first time DUI offense in CA, the penalties are spending between four days and six months in jail, the cost of paying fines upwards of $1,000, and having a driver’s license suspended for between 30 days and 1 year. Additionally, depending on which county the offense occurred in CA, the requirement of having to get an Ignition Interlock installed along with paying for all of the interlock costs and monthly fees, will be part of the penalties of a conviction or guilty plea to even a first DUI offense.
Repeat DUI offenders have to deal with harsher and more expensive penalties – this as a means to discourage the drinking and driving behavior. For a second time DUI offense, or those who had their first offense within the last 10 years will have to deal with spending between 10 days and one year in jail, paying fines upwards of $1,800, and getting a license suspension time for two years. Additionally, all second time California DUI offenders are required to get an Ignition Interlock device installed for a much longer length of time, regardless of what county the offense occurred in.
How the California Ignition Interlock Laws Work With Having to Drive a Company Car
When a person who gets convicted of a DUI charge in California, and they are required to drive a company car owned by the company they are employed by, most of the time an Ignition Interlock will have to be installed on any vehicle that is used for work purposes. However sometimes there can be certain circumstances to drive a company car without using an interlock device. Unless the court allows a person to drive a company vehicle that does not have an IID installed, a person can be arrested and charged with more penalties and fines if they drive without an Ignition Interlock installed on a company car. This is another area where we can help answer questions about Ignition Interlock requirement exceptions, by having a DUI arrest reviewed online with us for answers.
What the Penalties are for Trying to Tamper With a DUI Interlock Device
Any driver in CA will be guilty of misdemeanor offense charge if they tamper or try to fool an Ignition Interlock device by:
- Allowing another person to blow into the interlock device to give a false reading.
- If a driver tampers with trying to trick a court-ordered car Breathalyzer machine after the device has been installed.
- If a person convicted of a DUI offense in CA drives a car without an IID installed, they are subject to further charges and driver’s license suspension consequences.
Is There Any Way How to Avoid Being Required to Get and Install an Ignition Interlock Device?
Once a driver’s DUI arrest details as to what happened can be reviewed online by us, there may be defenses we discover that can successfully prevent a conviction or guilty plea of California DUI charges. After this happens with either a plea to a lesser offense or complete dismissal of a DUI case, then a driver can avoid the requirement of having to get and install the Ignition Interlock in their vehicle. It is important to note that even in DUI charges that do not involve alcohol, and may involve Marijuana, illegal drugs, or even prescription medication, a driver may still be required to have to install an interlock device if they are convicted or plead guilty to even a first-time offense charge. Since we understand how the California Ignition Interlock laws for the device’s requirement can be complex, we can help with additional information with respect to how Ignition Interlock Device program works, as well as answer any other questions about how to fight to dismiss CA DUI charges effectively, and avoid the car Breathalyzer interlock punishment altogether.
What is an Ignition Interlock Device and How Does it Work?
An IID, also referred to as a car Breathalyzer Alcohol Ignition Interlock Device (BAIID), is a breath test device meant to prevent the use of a motor vehicle should a driver’s BAC be above the predetermined level, which is usually 0.02 percent BAC. The interlock device combines the vehicle’s ignition system with alcohol breath detection technology. How the interlock works, is before a driver can start the vehicle, they must blow into the Ignition Interlock device in order to have their breath analyzed and their BAC determined. Should a driver’s BAC be above the predetermined threshold limit of .02, the vehicle will not start, and a report of the DUI interlock failure is generated to the designated California authorities, such as a probation officer for the local court.
When is Having to Get and Use an Ignition Interlock Device Required in the State of California?
The requirement for having to get and pay for the cost of an Ignition Interlock in California is part of legislation for certain individuals charged and convicted of DUI charges. People who are ordered to install, maintain, and use an IID car Breathalyzer include but are not limited to the following:
- Drivers who have been convicted of DUI charges and driving on a revoked or suspended license
- A person who has a first DUI offense (misdemeanor) in California within 10 years will have to get an Ignition Interlock for five months
- Those with a 1st time DUI offense (felony) in CA within 10 years have to get an Ignition Interlock installed for 12 months
- Individuals with a second DUI offense (misdemeanor) within 10 years will have to use a IID car Breathalyzer for at least 1 year
- People with two DUI offenses (felonies) within 10 years will also have to drive with a DUI car interlock device for an average of 24 months
- A person with a third DUI offense (misdemeanor) within 10 years has to get an IID installed for a minimum of 2 years on average
- Any CA driver with three DUI offenses (felonies) within 10 years have to use an interlock on their car for 36 months
- Individuals who have four DUI offenses (misdemeanors) within 10 years are required to have an interlock device for 36 months
- Drivers with a 4th DUI offense (felony) within 10 years must have to get an Ignition Interlock device installed and use for 48 months
In addition to these situations, courts in different counties across the state of California may also establish their own standards for DUI convictions and the Ignition Interlock requirements for how long of time a driver will have to get the interlock car Breathalyzer installed on their car.
Who is Responsible for Having to Pay for the Cost of an Ignition Interlock Device?
In the state of California, much like other states across the country, the costs associated with the installation, upkeep, maintenance, and removal of Ignition Interlock device are paid for by DUI offenders, and not the legal system. The total costs associated with the car Breathalyzer interlock generally includes the cost of the installation, the monthly lease payment fees, as well as any maintenance and removal costs, all of which will need to be documented and provided to the court. Additionally, the state of California requires first-time DUI offenders to get an IID and have it installed by an approved Ignition Interlock provider.
It is quite understandable that one of the first questions people have when facing a DUI charge in California is “how much does the Ignition Interlock cost?” The IID program cost in CA remains an expensive penalty if a person get convicted of even a 1st DUI offense, since the offender will need to pay for the full cost every step of the way. Installation of the car Breathalyzer interlock device costs an average of $170.00 plus another $115.00 per month for maintenance fees, which also includes a removal charge of about $60 at the conclusion of the the time period required for using the device. In addition to those costs, a DUI offender typically has to pay a security deposit fee which can be as much as $200, that does get refunded upon when the interlock device is returned in good working condition. When a person adds up the total for how much an Ignition Interlock costs in California, the total price is around $1350 on average. These interlock fees are without factoring in the fee of the IID security deposit, or the massive increase in what the car insurance rates cost will be after a DUI offense conviction.
What is the Process of Getting an Ignition Interlock Device Installed on My Car in California?
Once a 1st time California DUI offender has been convicted of the charges and subsequently ordered to install and use an Ignition Interlock car Breathalyzer, they need to contact an approved interlock provider to lease the device and have it professionally installed into the ignition of any car they will be driving. This will also include having to get an interlock installed in any work vehicle or company car that a person may be driving for their job. Once an interlock device has been has been properly installed on a driver’s car, DUI offenders generally will need to provide the court or their probation officer with proof of installation of the Ignition Interlock, which usually takes the form of the offender’s lease agreement for the IID. This proof from the car Breathalyzer Ignition Interlock company will show that the machine was properly installed a person’s car, as well as show what the vehicle’s Identification Number (VIN) is the device was installed on.
What are the Most Recent Laws Regarding the Ignition Interlock Device Requirement in California?
The state of California has enacted new legislation regarding DUI convictions and the laws for requiring an Ignition Interlock device within the last few years, for even a first DUI offense. In 2010, California updated its laws to include the mandatory installation of car Breathalyzer interlock devices, but also shortened the length of time for how long the interlock device will need to be installed for use with 2nd or repeat DUI offenders. This particular length of time for how long the Ignition Interlock requirement is, will be upon the condition that offenders pay any and all requisite fees and file an SR-22 Insurance form. The state of CA has also passed what is called “Senate Bill 1190,” which outlines the use of and IID machine for driving under the influence offense convictions. How it works under the law for this interlock bill, the minimum BAC has been lowered when individuals are tested at the time of arrest and also allows the court to require offenders to install, maintain, and pay for the costs of having to get an Ignition Interlock on any vehicle they own or operate, which also will prohibit them from driving any vehicle that does not an IID car Breathalyzer machine installed.
Given how strict the new laws are, we realize how serious the concern is for the cost of the IID penalties are in this state. It’s for this reason why one of the first primary questions people charged with a DUI offense in CA have is “will I need to have to get an Ignition Interlock device put on my car?”
Once a California Ignition Interlock attorney reviews a driver’s unique DUI arrest situation, they can then be be in an informed position to discuss the best legal defense options for ways how to avoid and get out of an Ignition Interlock in:
South Lake Tahoe
La Habra Heights
Palos Verdes Estates
Rancho Palos Verdes
Rolling Hills Estates
Santa Fe Springs
South El Monte
Del Rey Oaks
San Juan Capistrano
Desert Hot Springs
San Juan Bautista
Big Bear Lake
San Luis Obispo
San Luis Obispo
East Palo Alto
Half Moon Bay
South San Francisco
Los Altos Hills
Drivers recently arrested for DUI charges will know the best arrest-specific defenses that work for ways how to avoid and get out of ignition interlock device installation after a first DUI or second offense in CA.