Ignition interlock requirements

If you face a DUI in court, you need an experienced and knowledgeable DUI lawyer like Mark Blair to help.  Mark has handled thousands of DUI.  DUI attorney Mark Blair wants to help you avoid a DUI and its consequences, such as a ignition interlock device.

An additional penalty for a DUI may be the requirement that person install an interlock device on any vehicle the person owns or operates and prohibit the person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device, per Vehicle Code Section 23575.

A sentencing court is required to give “heightened consideration” to requiring an interlock device for a first offender with an alcohol level of .15% or more, with two or more prior moving violations or who refused a chemical test at the time of his arrest.  If a judge does order an interlock device, the judge may require an interlock device for up to three years from the date of conviction.

If a person is convicted of driving on an alcohol related suspended license (14601.2 of the Vehicle Code), the judge will order the interlock device installed on any vehicle that the person owns or operates.  In addition, the judge will prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device.  If a judge does order an interlock device, the judge may require an interlock device for up to three years from the date of conviction.

If a person is required to have an interlock device in his/her vehicle, the person must arrange for the vehicle to be serviced by the interlock installer once every 60 days.   The installer must re-calibrate and monitor the operation of the device.  The installer must notify the court if the interlock device is removed or discovers that the person attempted to remove, bypass or tamper with the interlock device.  Moreover, if the person fails three or more times to comply with a maintenance or calibration requirement, the installer must notify the court.

If a person is convicted of DUI or wet reckless and has a prior DUI within ten years, the person may apply for a restricted license that requires the person to operate a motor vehicle only if an interlock device is installed.  The device must remain in place for the original suspension period (at least 21 months) and until all reinstatement requirements are met (e.g. the person successfully completes the 18 month DUI class).

If the DMV receives notice that the person removed or attempted to remove, bypass or tamper with the interlock device, the DMV shall immediately suspend the person’s license.  The suspension will remain in effect for the duration of the original suspension period and until the person completes all requirements to reinstate his/her driving privileges.

An out of state resident who would otherwise be required to install an interlock device in California shall be prohibited from operating a motor vehicle in California unless his/her vehicle is equipped with an interlock device.  An out of state resident is not required to install an interlock device in any vehicle not driven in California.

“Vehicle” for purposes of the interlock device law does NOT include motorcycles.  Any person subject to the interlock device requirements shall not operate a motorcycle for the duration of the interlock restricted period.

“Bypass” includes in its definition failing or not taking the ignition interlock device rolling retest three consecutive times.  “Bypass” also includes failing or not taking the rolling retest one or more times and then not passing the rolling retest before turning off the ignition.  That means: while the person is driving the vehicle, he/she may be required by the machine to submit to a test while he/she is driving.  If the person either fails or does not take the retest and then does not ultimately take and pass a retest before turning off the vehicle, this is deemed to be a “bypass”.

You can see how complex a DUI can be.  Please call DUI lawyer Mark Blair for a free consultation!