Interlock violation?

Asked about 3 years ago - Los Angeles, CA

Can anybody reference where blowing into an interlock device under the influence causing an unsuccessful engine start, is either a violation of DUI probation in LA or CA VC per dmv? Trying to settle an argument as to whether simply blowing into the device constitutes a violation of any sort. No driving with any measurable alcohol in system nor tampering occurring. Please advise.

Attorney answers (3)

  1. Robert Laurens Driessen

    Contributor Level 20

    Answered . You have asked this question before. The new law requires everyone in Los Angeles County to install an IID if convicted of a DUI. Understand it is a potential probation violation in court and can possibly cause you to lose your restricted license status with the DMV. The best way to resolve the argument you are having is NOT TO BLOW into the device if someone has been drinking alcohol; why set yourself up for disaster.
    Robert Driessen

  2. Robert Louis Miller

    Pro

    Contributor Level 13

    Answered . Thank you for your question. The practical answer to this is that no one would ever know, so no, this wouldn't be a probation violation. Unlike a SCRAM device, which notifies authorities like probation of alcohol in your system, an IID does not notify anyone, it just prevents ignition from occurring.

    Because the driving part of driving under the influence in California is defined as "operating a motor vehicle", and that in turn is defined by caselaw as being behind the wheel with the engine running, it's not DUI. In the rare situation that a police officer may be walking by while unsuccessful IID attempts at ignition are occurring, a drunk in public (PC 647f) might be cited, and that could be a probation violation, but not the facts presented here. All the best.

  3. Philip Daniel Hache

    Pro

    Contributor Level 16

    Answered . If I understand your question correctly, you are just curious what would happen if you blow into your IID device when your engine is off and you are not driving. To be honest, I am not sure, but don't know why you would bother doing such a thing. If you really must know the answer to that question, I would recommend calling the Interlock company (or any interlock company in california that is approved by the courts) to inquire directly with them. My advice would be, don't blow into the device out of curiosity after drinking, because nothing good can come if it....

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