Ignition Interlock Becoming Mandatory in 2019

 Posted on December 22, 2018 in DUI

California will enact a statewide ignition interlock device program for all driving under the influence convictions starting at the beginning of 2019. The state has been running a pilot IID program since 2010 in Alameda, Los Angeles, Sacramento, and Tulare counties. Courts in the rest of the state have issued IIDs as part of DUI sentencing on a case-by-case basis. The new law will make IIDs mandatory for most convictions. IIDs are costly and sometimes troublesome for users but may be preferable to having a restricted or suspended driver’s license.

What is an IID?

An ignition interlock device is an alcohol breath tester that is installed inside your vehicle. You are responsible for at least part of the cost of having the device installed and maintenance fees. With the device, you must provide an alcohol-free breath sample in order to start the vehicle and will be required to provide additional breath samples:

• 10 to 15 minutes after you start driving; and
• Every 45 minutes after that.

You will have about six minutes to provide a breath sample when you receive an alert while driving. The device will not shut down your vehicle if you fail a breath test while driving, but it will notify the court of the failed test. Failing a test, attempting to tamper with the device, or having someone take the test for you can result in the suspension of your driving privileges.

Sentencing Requirements

An IID will be optional for someone convicted for their first DUI in 10 years. You can choose between using an IID for six months with no driving restrictions or having a restricted driver’s license for one year that only permits you to drive to and from work. An IID will be mandatory for any other DUI conviction, including:

• Six months for a first DUI that also involved an injury;
• One year for a second DUI;
• Two years for a third DUI; and
• Three years for a fourth DUI.

Contact a San Francisco DUI Defense Attorney

Proponents of the IID program say that it is a practical way to allow DUI offenders to continue driving while holding them accountable. They say that driver’s license suspensions are ineffective because many offenders will drive without a license. First-time DUI offenders must weigh whether having fewer restrictions on their driving privileges is worth the cost and hassle of an IID. A Napa, California, DUI defense attorney at Burglin Law Offices, P.C., can advise you of your options if a DUI conviction seems likely. Schedule a free consultation by calling 415-729-7300. 

Source:

http://www.capradio.org/articles/2018/12/20/california-will-soon-require-more-dui-offenders-to-pass-a-breathalyzer-test-before-starting-their-car/