Ignition Interlock Devices

After being arrested for a DUI, things can feel quite overwhelming. As part of your sentence, the court could require you to install an ignition interlock device (IID). Understanding ignition interlock devices is a crucial step. More and more often, the courts require people convicted of drunk driving to install a car breathalyzer. A breath sample below a set limit is needed to stop impaired drivers from driving before the vehicle starts. Spontaneous retests ensure sobriety through the drive. Although they can facilitate restricted driving, IIDs are subject to regulation, require maintenance, and have the potential for violations that may result in increased penalties.

If you have a DUI and are worried about the consequences of an ignition interlock device, talk to us at San Diego DUI Attorney today. We will work to protect your rights and guide you through this complex process. Let us start by explaining everything you need to know about IIDs.

The Basics of Ignition Interlock Devices

An IID is a miniature breathalyzer linked to your vehicle’s ignition. The main goal is to ensure the vehicle fails to start if the driver drinks. Typically known as a car breathalyzer or interlock system, this equipment is important to ensure road safety as it prevents an individual from using a car if he/she has a DUI/DWI history.

So, how does an ignition interlock work? The driver gives a breath sample into the mouthpiece of the device. In the IID, a fuel cell sensor assesses the blood alcohol content (BAC) in the breath. This super-sensitive gadget can detect minute amounts of alcohol. If the detected BAC is above a preset limit, typically .01% to .025%, much lower than the legal limit to drive, then the IID will prevent the vehicle from starting.

The core components of an IID device include:

• Handset or mouthpiece — This is the part the driver breathes into. It has a breath sensor and a small screen with instructions and results.

• Relay cord — This cable connects the phone to the vehicle’s electrical system, specifically, the ignition.
• Control Unit (ECU) — This is the IID’s central processing unit. It is typically hidden from view, often under the dashboard. The ECU interprets the BAC values, sends messages to the car’s ignition, and logs all data.

Beyond the first breath test, your IID also has a rolling retest. These are random breath tests you must take while driving your car. The IID will require you to blow into the device randomly. This crucial feature stops someone from having his/her sober friend start the car, and then that person drives impaired. If you fail or ignore the rolling retest, the IID will usually issue a warning, flash the vehicle’s lights, and honk the horn until you shut the engine down. The car will not immediately stop for safety reasons, but it will record the incident, and the vehicle will not work again until you pass the next breath test.

All IIDs come equipped with data logging features. This means that every breathalyzer test, either successful or unsuccessful, is recorded along with the corresponding BAC levels. The device logs attempts to disable or circumvent the IID. The monitoring authority, for example, the DMV or probation department, regularly downloads the data and examines it to ensure compliance with the IID program.

Circumstances When the IIDs are Mandated

California courts are increasingly mandating individuals convicted of driving under the influence (DUI) to install ignition interlock devices (IIDs). In California, the laws related to IIDs are complex. Various parts of the California Vehicle Code (CVC), along with orders from the DMV (administrative) and the court (judicial), apply.

Understanding of IID mandates requires knowledge of the Vehicle Code sections, particularly:

• VC 23575 — This section addresses the court’s authority to order an IID
• VC 13352 — This law addresses the DMV’s authority to suspend driving privileges and impose IID requirements
• VC 23247 — This section discusses how IIDs must be installed and monitored

The IID landscape changed quite a bit following the implementation of SB 1046, which turned the statewide IID pilot program into a mandated statewide program for certain DUI offenses. This law took effect statewide on January 1, 2019, expanding IID requirements. However, not all DUI convictions require an IID installation.

It is important to understand the difference between the Department of Motor Vehicles (DMV) administrative per se orders for IID and the court-ordered IID requirements, as they overlap. When you are arrested for a DUI, two actions happen:

• You have a case in court
• The DMV has an administrative per se action

After the results of a BAC, the DMV can suspend your license and require an IID based on an administrative per se action, even before a criminal conviction. They can do this solely based on an arrest and the results of your BAC. You will almost always need an IID if you choose a restricted license after a DMV suspension.

A court can also order an IID as a condition of your probation if you are convicted. Consequently, you could receive a mandated IID ordered by the DMV and an IID ordered by the court. Generally, the longer of the two will represent the IID mandate you will be subject to.

California IID mandates duration is dependent on the type and number of DUI convictions and other aggravating factors:

• First DUI conviction (no injury) — If you are convicted of a DUI without injury, the court could order you to have an IID for 6 months. If you choose a restricted license, an “IID-restricted license after your suspension period, the DMV will require you to install and maintain an IID for 6 months. Your license would remain suspended for a longer duration without an IID.

• First DUI conviction (with injury) — The IID requirement is usually not less than 1 year

• Second DUI conviction (any type) — This conviction results in a one-year IID requirement.

• Third DUI conviction — If convicted of a third DUI, the IID requirement is for two (2) years
• Fourth or subsequent DUI conviction — If you are convicted for the fourth time for a DUI, then you have to install and maintain an IID for 3 years

Refusing to submit to a breath or blood test after a DUI arrest carries heavy penalties, and the fallout can lead to IID mandates. If you refuse a chemical test, your license will likely be suspended for longer. You may also be required to use an IID for an extended period, even for a first offense.

Furthermore, you might have to install an IID even if you plead guilty to a wet reckless. An IID is not necessarily a requirement, but may be included in a plea bargain if there were aggravating factors or your DUI is not a first offense.

The concept of a “look-back period” is also critical. If you commit multiple DUI offenses within 10 years, the penalties, including IID duration, increase. Therefore, a DUI conviction from nine years ago will count as a prior offense for sentencing purposes. This will enormously impact the IID requirement for the new conviction.

The IID Installation Process

If you have been mandated to install an Ignition Interlock Device (IID) in your vehicle, the next step you need to take is to have it installed correctly and efficiently. It entails a specific process for court and DMV compliance requirements.

Finding a state-certified or DMV-approved IID installer is the first step. Only use approved providers if you want to make sure the DMV and the courts recognize your installation. You can find a comprehensive list of approved IID manufacturers and their authorized service centers on the California DMV’s website. Search for “Ignition Interlock Device List CA DMV” for the official link.

When looking for an IID provider, you should consider several issues apart from them being on the approved list. Look for companies that:

• Offer exceptional customer service
• Have no hidden fees and offer transparent pricing
• Are conveniently located for fast return services
• Have positive reviews from IID users

Gather all the documents and have them ready before your installation appointment. This usually consists of court orders mentioning the IID requirement and essential DMV paperwork. The DMV forms mainly dealing with the IID are DL 920, ‘Request for IID Installation,’ and DL 924, ‘IID Installation Verification.’ The DMV provides the DL 920, while the installer fills out the DL 924 after the device is installed. Furthermore, have your driver’s license, vehicle registration, and proof of insurance on hand.

The device is installed and fixed securely, usually underneath the dashboard, with the handset within reach of the driver.

After the installation, the installer will guide you on how to use the device initially. This training is vital. You will learn how to provide a breath sample, what prompts mean (like rolling retests), what warnings mean, and how to fix minor problems. They will also tell you what not to do that could cause a violation. Pay close attention and ask any questions you have.

Also, retain all the paperwork, receipts, and calibration certificates. You will need these documents for DMV and court appearances in the future as proof of your compliance. When the installer finishes, they will provide a completed DL 924 form that you must present to the DMV to get your IID-restricted license.

The Cost of an Ignition Interlock Device

The typical costs associated with an IID can be classified as follows:

• The installation fee — You pay this one-off fee to the service center for installing the device into your vehicle. Usually, it costs between $75 and $200, with the exact amount depending on the provider and your vehicle’s wiring complexity.
• The monthly lease, monitoring, or calibration fee — This is the most substantial ongoing cost. The IID provider charges a monthly fee for leasing, monitoring, and calibrating the device for your data and calibration appointments, as necessary. These fees typically range from $70 to $120 per month. Calibration appointments are generally needed every 30 to 60 days to confirm the device’s accuracy and download logged data.
• Removal fee — Once your required IID period ends, there will be a fee for professionally taking the device out of your vehicle. This can range from $50 to $100.
• Possible additional fees — Be mindful of extra fees for issues, including:
  1. Lockouts or violations — If you fail breath tests, tamper with the machine, or miss rolling retests, you may be charged a fee to lock you out or for the provider to deal with your violations.
  2. Missed appointments — Some providers could charge for missed calibration appointments.
  3. Early termination — Some contracts have early termination fees if you are no longer required to maintain your IID.
  4. Device protection plan — Some companies offer a device protection plan, which you may take for a monthly fee. The plan covers damage to the device or theft of the device.

Several elements can impact the overall cost, namely:

• Some vehicles’ make and model are more labor-intensive than others
• The device’s features, like GPS or camera
• Your chosen supplier
• Your IID length requirement

California’s assistance program, as outlined under Vehicle Code 23575.3(k), aims to help low-income people with IID costs. This program targets the financial hardship caused to the individual because they cannot comply with the IID order.

To qualify for this program, your income must be at least a certain level above the federal poverty guidelines. If your gross annual income is at or

To qualify for this program, your income must be at least a certain level above the federal poverty guidelines. You may be eligible for significant benefits if your gross annual income is at or below 100% of the federal poverty level. Those with an income of 101% to 300% of the federal poverty level also have a sliding scale. For instance:

• If your income is at or below 100% of the federal poverty level, you may be responsible for only 10% of the standard IID program costs (installation, monthly fees, and removal)

• If your income sits between 101% and 200% of the federal poverty level, you will be liable for 25% of the costs

• If your income is between 201% and 300% of the federal poverty level, you may be responsible for 50% of the cost

To apply for this help, contact the IID provider directly. They will have you complete all necessary paperwork and assist with income verification. This will typically include submitting your previous year’s federal income tax return, recent pay stubs, or a form of government benefits, like CalFresh or Supplemental Nutrition Assistance Program (SNAP). The IID provider will cover the rest of the amount.

When comparing providers for their price structure, ask for the details of the entire fee. They may have installation, monthly, and removal fees that do not appear in their upfront quotes. Inquire about any “hidden fees” or charges for violations. Some companies have discounts and promotions, so it is worth shopping around and obtaining quotes from a few DMV-approved providers before you choose one.

Your Guide to IID Daily Use and Avoiding Penalties

Getting through the IID program can be successful if the user is disciplined and pays attention to detail. It is essential to follow the rules from the moment you start your day until your final test for practical and incident-free completion of your IID requirement.

Mastering the daily routine of your IID is fundamental. Switch your ignition to on before driving and let it warm up. When asked, provide a firm and continuous breath into the mouthpiece as required by the device before the vehicle starts. Before a test, rinse your mouth well to avoid the possibility of false positives from substances in your mouth. Wait 15 to 20 minutes after eating before testing, and rinse your mouth out.

The checks continue through rolling retests and mandatory and unpredictable requests for another breath sample while driving. Never miss a rolling retest. If you see the prompt in an unsafe area, first you should find a safe place to pull over, and then test right away. Ignoring it is a serious violation. Being able to solve minor issues, like your car failing to start (invariably due to lack of breath or mouth alcohol), also prevents you from calling your provider. Keep the equipment clean and not exposed to high or low temperatures to function reliably.

Non-compliance carries significant penalties. The most common IID violations are:

• Failing the BAC test (startup or rolling)
• Refusing or failing the rolling retest
• Tampering with or attempting to bypass the device

It is an offense if you drive a vehicle that is not IID equipped when required or miss calibration appointments. Depending on the circumstances, you may find yourself in a temporary or permanent lockout mode, which prevents your car from starting. Moreover, you may accrue extra fees, and most significantly, your IID requirement period could be extended by the DMV and courts. Furthermore, if you tamper with your device, there is a risk of further suspension or revocation. You may also incur fines or jail time for such a severe violation.

Regular servicing and periodic calibration can help you avoid these consequences. In California, IID providers typically require appointments every 30 to 60 days. During these visits, the technicians download all logged data sent to the DMV, inspect the device, and recalibrate its sensor. Failing to manage your IID use appropriately will most likely cause a “service lockout.” You can complete your program and earn back your full driving privileges by managing your daily use, knowing the violations, and maintaining your IID.

What If I Have Issues or Questions About My IID?

It is not uncommon for problems to arise with an ignition interlock device. Even if everything is done according to protocol, technical glitches, perceived false positives, and other issues can arise. Effective problem resolution requires knowing who to contact and what steps to take, which safeguards your compliance record.

Whenever you experience a problem with your device, a technical issue, or any question about your IID and how it works, you should always call your IID provider’s 24/7 support line first. These companies can troubleshoot common problems, walk you through the error codes, and advise on next steps. Do not attempt to repair it yourself, as this might be considered tampering with the device.

If your IID falsely registers alcohol while you are sober, the first thing you want to do is document everything as best you can. Make sure to document the time of the incident, eating or drinking habits before, and, if possible, any witnesses. Contact your IID provider immediately to report the incident and request a review of your device’s log data. If you can do this safely, consider taking an independent blood or urine test at a medical facility right away to prove that you are sober. This can be sufficient evidence in a dispute, though not always admissible. It is important to know your rights and responsibilities if your device has an error or a dispute. Your provider should have a process for disputing alleged violations.

Your IID provider will handle your device’s technical and operational issues. However, there may be instances when you should reach out to a DUI attorney regarding IID issues. It is important to have an attorney on your side if you are dealing with an alleged violation reported to the DMV or court, or if you are facing extended sanctions, license suspension, or having an IID, especially a tampering incident, which can potentially result in criminal charges. An experienced lawyer can assist you in disputing alleged violations, arguing the necessity of extended IID requirements, and addressing IID-related non-compliance consequences.

Keep detailed records of your IID provider, what happened, and service appointments. All this documentation will be important to have if a legal dispute arises.

The Ignition Interlock Device Removal Process

Once you complete your IID requirement, you will be one step closer to having full driving privileges again. However, removing the IID is not automatic. There are steps you must go through first. This will ensure smooth removal and full legal compliance.

Check first if you are eligible for removal. This means you have satisfactorily served your complete IID term required by the court and DMV without any outstanding violations or non-compliance. The IID requirement will be extended if there is a problem, missed calibration, or failed test. Never forget to check with your IID provider and DMV ahead of time to ensure you are eligible.

Once confirmed, you can initiate the removal process. This usually involves checking with the monitoring authorities, the DMV, and the court or probation officer, if applicable, to see if the program was completed. You may need to obtain forms cleared or authorized from the court or probation confirming your IID obligation has been fulfilled. The DMV might not update your record if you do not have this official notice. Reach out to your IID provider to schedule the de-installation appointment with the required confirmation.

At your removal appointment, a technician will do a final download from the device, which will be your last compliance record. Then they will physically remove the IID from your car and fix your wiring. You will get a certificate or proof of task completion upon completion. Make sure to let the DMV know that your IID is removed and let them update your record so that your records state that you are eligible for a full license. Generally, the final data is sent to the DMV by your provider in an electronic format, but it is up to you to check. By taking this step, you can free yourself from any driving restriction.

Find a DUI Attorney Near Me

If an ignition interlock device is installed, you must follow the rules carefully and make informed decisions. To regain your unrestricted license, it is important to know the daily testing protocols, maintenance schedules, consequences of violations, and removal process. Although the IID program is tough, it also opens the door to rehabilitation and, most importantly, serves to protect the public.

California’s law allows people to enter a diversion program if they have been arrested for domestic violence, like an abuse claim. Contact the San Diego DUI Attorney today at 619-535-7150 for expert legal guidance. Our experienced professionals will help you understand your rights, navigate IID requirements, and work for the best possible future for your driving life.