Ignition Interlock Devices in Orange County DUI Cases

An ignition interlock device (IID) is a breath-alcohol testing device that is designed to prevent you from starting a vehicle if your breath alcohol content (BrAC) exceeds a specific limit. When driving continuously, you must provide breath samples periodically to ensure a continuing absence of alcohol in your system. The IID is about the size of a cell phone and is wired to the automobile’s ignition system and installed onto the steering column or dash of a vehicle. The BrAC limits vary from state to state, but are generally .02% to .04%. If you are dealing with ignition interlock device in your Orange County DUI case, our attorneys could explain how these machines work and how to avoid violating its terms.

Background of Ignition Interlock Devices in Orange County

The IID equipment is leased to you by a vendor, which involves entering into a service agreement and paying a fee of approximately $2.00 per day. This may not include installation, reporting, maintenance and removal fees.

The interlock device was initially used in California in 1986 during a pilot IID program that was implemented in four counties across the state. Current California laws governing IIDs require that judges order them to be installed in the vehicles of offenders who are convicted of driving on a DUI-suspended driver license (DWI-DUI), and at their discretion, they can lawfully order any DUI offender to install an IID.

Typically, ignition interlock devices are not required for first time DUI offenders, but the chances of one being ordered greatly improves if you had a BAC of .15 or greater, refused chemical testing, or you have been charged with two or more moving violations. In some California courts, judges will actually impose ignition interlock devices in first-time DUI cases when the BAC is .10 or higher!

Importance of IIDs in DUI Cases

A knowledgeable lawyer will be well-aware of the importance that an ignition interlock device can be in a DUI defense strategy. For instance, installing an IID might significantly shorten a mandatory driver’s license suspension and repeat DUI offenders may install an IID, after serving half of their license suspension period, to gain eligibility for a restricted driver license.

In such an instance, you will have to provide a “Verification of Installation” (form DL 92), to the DMV, which will clear any other outstanding suspensions/revocations on your driving license. You must also comply with a DUI program’s requirements and have the program provider submit a Proof of Enrollment (form DL 107) or a Notice of Completion (form DL 101) to the DMV (whichever applies). You must also provide an SR 22 form and pay all required fees including a $15 IID restriction fee.

At the time of IID installation, you, along with any other drivers of the vehicle it is installed in will be trained by the vendor on the proper use of the device and what is expected of you to stay in compliance with your IID program.

Below is a listing of ignition interlock devices used in California and listed with the DMV.

Currently, motorcycles in California cannot have an ignition interlock device installed due to safety concerns.