JKR Law

The California DMV in July 2010 started a test program for ignition interlock devices, known as IID’s. After a conviction for a DUI from alcohol (not drugs) or in cases where someone is driving on a license that was suspended because of a DUI, the Department of Motor Vehicles may require you to install an ignition interlock device (IID) into your car in order for you to be able to lawfully drive in California. This program allows the DMV to use older DUI convictions to apply the device if someone is caught driving when they are not supposed to.

An IID is a machine, the size of a small handheld device, which is attached inside of the driver’s side of the car and the driver must blow in the device in order for the car to start. If alcohol is detected at all, the car will not start.

This is a brand new program, that is only required in four California counties in order to see how this program works. One of the counties which is testing thuis device and its effectiveness is Los Angeles.

A guilty/no contest plea or a conviction for a “first time” DUI charge can result in one or more of the following:
Fines of approximately $1500.00,
Summary Probation for three years
Alcohol classes once per week for a few hours for a period of months
Other classes such as MADD, spending time at the Hospital and Morgue Program (“HAM”),
Ignition Interlock Device (IID)

The policy behind having these devices installed is NOT to punish the person convicted (although it is a punishment in that it is an inconvenience, you have to pay for it and have it serviced) but it is for the protection of the public. It is assumed that people who have been caught for drunk driving, may do so again. This is a way for the courts to monitor these individuals. There are some benefits with having the IID installed in your vehicle. For instance, a person can have their yearlong suspension shortened if they install an IID.

Here are some answers to common questions regarding the Ignition Interlock Device:

1. Are these devices fool-proof?
In theory, someone else COULD blow into them, but the device requires random tests while driving.

2. Are the devices reliable?
Any new technology, specially technology provided by the government, may break down, work improperly, or need to be serviced.

3. Where can I get one of these? How much does it cost? (service?)

4. What if I do not own a car?
You must file with the Department of Motor Vehicles an exception from installing the device.

5. What if I have more than one car?
If you own more than one car, you must install one on EVERY vehicle you own or drive.

6. What if I own a car, but DON’T drive it?
Good question. The pilot program has not provided a definitive answer to this question, but the law appears to require its installation for every vehicle you own, even if you do not drive your vehicle.
It is possible that a certificate of Non-operation may be used for vehicles that you own and are not driven (i.e. collectors cars, cars stored in garage but do not use.)