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Court Ordered Ignition Interlock Devices (IID)

Posted by Christopher Martens | May 08, 2015 | 0 Comments

When you are convicted with a DUI, you might be ordered to install an Ignition Interlock Device (IID) in your car. IIDs are installed into your ignition in your car. They require you blow a breath sample with no traces of alcohol in it before starting your car and periodically while driving. You will have to have it installed by a certified installer and provide proof to the court of its installation. It can vary county to county whether or not you are ordered to install one. California's IID pilot program requires all DUI offenders have one installed, if they meet certain criteria. If convicted in Tulare, Alameda, Los Angeles and Sacramento counties, you will be ordered to install an IID even for your first DUI offense. This program became effective July 1, 2010, so if your violation occurred prior to that, you may not be automatically ordered to have an IID installed. How long you will have to have it installed depends on your offense and the number of offense you have on your record. You will be required to have it a minimum of five months. Refer to the Order the DMV sends you to ensure you meet all the requirements. If you have any questions about your IID order or about having your license suspended, consult with an experienced DUI defense attorney to ensure you take all the right steps to have your license reinstated. There are a lot of stipulations that come along with having an IID ordered and you can be cited for noncompliance, which will result in further restrictions and requirements. Today, with California's strict DUI laws, DUI charges are more common and so the market for IID manufacturers is large. Make sure the device you have installed meets your court ordered requirements and meets federal standards. The offender must cover all costs associated with having an IID, which are plentiful. You will have to pay a $45 administrative fee to the DMV, pay for the installation and usually a monthly rental charge for the device. You will also have to have the device calibrated periodically, every 60 days. There are reduced fee programs if you cannot afford all these costs. Check with your local authorized installer about what discounts you might be eligible for. Failing to install the device and have it regularly inspected and calibrated can result in your license being suspended. If you own a car, even if you do not drive it or it is not running, you must get an IID installed. If you do not own a car or drive someone else's car, you can request an exemption. The effectiveness of IIDs in reducing drunk driving has spurred a market to open up. New IIDs are exceptionally sensitive and can deduct false samples. You may be concerned about different substances giving you a false positive. The most common claim is that alcohol-based mouthwash can give you a false positive. It is recommended you use non-alcohol based mouthwash or just wait 15-20 minutes between rinsing with mouthwash and blowing a sample in your IID. Rinsing your mouth with water can also help with many other causes of false positives. Always rinse with water before you blow a breath sample to avoid any false positives. Having an IID ordered is not the end of the world. Discrete IIDs are starting to come onto the market that resemble everyday items you would have in your car like coffee and drink cups. Having an IID installed will get you driving again and gives you more driving privileges during the mandatory restricted license period after a DUI. An IID will also prevent you from drinking and driving thus reducing your chances for a second DUI offense. Second and subsequent DUI offenders suffer harsh penalties for recidivism so it is in your best interest to do all you can to prevent that from happening.

If you are in the Tulare, Fresno or Kings county area and have been ordered to install an IID, our expert legal team can help. Attorney Christopher Martens is experienced in California DUI defense and can help you understand the IID requirement and get your license back as soon as possible. Call our office at 559-967-7386 or email us at [email protected] for a free consultation.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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