California law gives its courts the discretion to order the installation of an ignition interlock device (IID) on the vehicles of persons who are convicted of driving under the influence (DUI). V. C. Sec 23573, V. C. Sec 23575, V. C. Sec 23700. An IID is slightly larger than a cell phone and it is connected to the vehicle’s ignition. Offenders are required to submit breath samples into the device. If breath alcohol is detected over a preset level of 0.030% BAC, the vehicle will not start. Random samples are also required while the offender is operating the vehicle.
IIDs must be installed by an authorized provider and offenders are responsible for any and all costs related to the purchase, installation, maintenance and calibration of the device. IIDs must be serviced by the installer at least once every 60 days. The installer will verify that the device is working properly and check for any recorded violations. The installer will notify the court or the Department of Motor Vehicles (DMV) of any failures to comply with either the court order or DMV statues . This may result in the suspension or revocation of driving privileges. If the installer notes any evidence of tampering including removal or bypassing, driving privileges may be suspended or revoked. Three or more failures to comply with any maintenance requirement for the device may result in the immediate suspension or revocation of driving privileges.
Any and all vehicles owned and operated by the offender must have an IID installed. The court may suspend or revoke a license, but all standard actions are taken by DMV. The restriction will remain in effect for at least the remaining period of the original suspension or revocation, but should not exceed three years from the date of conviction. Persons with an IID restriction cannot operate motorcycles for the duration of the IID restriction period. If an offender is required to operate an employer-owned vehicle as part of the scope of employment, an IID may not be required for the employer-owned vehicle. A waiver for employer-owned vehicles requires that the employer be notified that the offender’s driving privileges are restricted. The offender must carry the notification in the employer-owned vehicle at all times. Offenders who are not California residents and live outside the state must have an IID installed on any and all vehicles they drive within the state of California. IID installation is not required on vehicles operated outside California.
The California DMV is required to indicate on the offender’s driving record that an IID must be installed in any and all vehicles; the person must only operate a vehicle equipped with a functioning IID if so required by the court. If the person’s license is not suspended, the violation of operating a vehicle without an IID is not a suspending offence. Anyone who knowingly rents, leases or lends a motor vehicle without an IID to an individual with an IID restriction is subject to legal action by the state.
To receive a restricted license, the offender must submit to DMV verification of ignition interlock device installation and clear all other outstanding driving record suspensions and revocations. Certain offences permit the Department to give a person a license that contains the IID restriction, but will not require the proof of installation, thereby allowing the person to drive without the IID installed, and if the person is apprehended the license will not be suspended. Offenders must comply with Driving under the Influence Program requirements and have the program providers submit to DMV proof of enrollment or notice of completion. Offenders must submit to DMV proof of financial responsibility and pay all required fees, including a $15 IID restriction fee.
Additional Resources For Ignition Interlock California Laws
California Ignition Interlock Devices
Ignition Interlock Device Installation Requirement
Mandatory Installation of Ignition
Authorized and Mandatory Installation of Ignition Interlock Device
What Is An Ignition Interlock Device?
Need An Ignition Interlock Device In California?
LifeSafer has been a leader in the ignition interlock industry since 1991. LifeSafer was instrumental in convincing lawmakers to implement ignition interlock laws that allow drivers back on the road legally and safely.LifeSafer interlocks have been used by more than 500,000 people and are the most widely used in the U.S. today.
Get back on the road legally and safely… with LifeSafer!
