Ignition Interlock Device (IID) Law

Beginning January 1, 2019, most drivers arrested for DUI will be required to install an interlock ignition device, often referred to as an “IID”, on their vehicle if they want to be able to drive during the period of license suspension. Prior to enactment of this law, drivers who were arrested for DUI had their driving privileges suspended for a certain period of time before they were eligible for a restricted license allowing them to drive to and from work or school and to DUI education classes. Under the new law, eligible drivers whose license have been suspended following a DUI arrest will now be able to apply for a restricted license right away without serving any period of hard suspension (i.e., no driving privileges at all).

IIDs are small devices that are installed in a vehicle by a state-authorized installer. It acts as a breathalyzer and will not permit the vehicle to start until the driver blows into the device and no alcohol is detected. These devices are smart! There are numerous built-in safeguards that make it difficult, if not impossible, to cheat them including an onboard camera, a “rolling (or running) re-test” feature, and other mechanisms that make it hard to bypass the device. Furthermore, if a driver gets caught cheating one of these devices, the penalties can be severe. Orange County DUI ignition interlock device attorney William Weinberg strongly advises his clients not to tamper with these devices.

IIDs aren’t cheap, costing around $70-$100 or more per month. Financial assistance is offered to those who meet certain income requirements.

Any driver who has been arrested for a DUI offense and who would be eligible for a restricted license during the suspension period will be required to install this device if they want to drive. That means almost all first-time offenders (there is an exception for certain first-time offenders as discussed below) and most second-, even third- and fourth-time offenders if there are no aggravating factors.

The length of time the driver must have an IID in his or her vehicle will depend upon the type of offense.

First-time DUI offenders who did not cause an accident with injury while driving under the influence can choose to install an IID for six months and regain full driving privileges during that six-month period without any restrictions. The IID must be installed prior to the effective date of the suspension, in other words, within 30 days of the DUI arrest. This offender also has the option of not installing the IID but will only be allowed to drive with restrictions (a restricted license) for one year. All other DUI offenders must install the IID if they intend to drive.

First-time offenders who caused an injury by their driving under the influence will be required to install an IID for six months, or longer if the court so orders.

Second-time offenders must install the devise for one year, third-time offenders for two years, and fourth-time offenders for three years, or longer under court order.

A DUI attorney familiar with the new ignition interlock device law can advise you on the particular requirements under your offense.

Attorney William Weinberg has defended hundreds of drivers arrested and charged with DUI. He is on your side. Call him at (949) 474-8008 or email him at bill@williamweinberg.com to set up a free consultation regarding your matter.