Mandatory Ignition Interlock Device (IID) requirement for DUI convictions in Pilot Program Counties
Convictions affected by this Pilot ProgramA conviction of VC 23152 (DUI) or VC 23153 (DUI causing injury).
Counties Affected by the Pilot ProgramCounties of Alameda, Los Angeles, Sacramento, and Tulare. If your DUI conviction is not in one of the above mentioned counties, this Pilot program does not affect you as of the date of this legal guide.
What does this pilot program require?This pilot program requires that anyone convicted of VC 23152 or 23153 in the affected counties install an IID on each car they own for set time frame, and show proof of installation to the DMV.
Cost of IIDCost may vary depending on provider, but there is generally an installation fee for each IID installed. Quotes seem to range from about $25 - $150 and can depend on the type of car/ignition. There is also a maintenance fee for every time the IID device is maintained. Quotes generally seem to be around $75 per maintenance visit.
Additionally, depending on the income as compared to the federal poverty level, the person may only have to pay as little as 10% of the cost of the ignition interlock device. The offender's income may be verified by presentation of that person's current federal income tax return or three months of monthly income statements.
Maintenance of IIDThe IID is required to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installation and maintenance of the IID device is monitored by the DMV.
IID ConditionsA person affected by this pilot program must install IID(s) in order to be issued a restricted driver's license and reissued a driver's license. Additionally, Courts may make compliance with the DMV on the IID restriction a term of the probation.
Time length of IID restrictionTime length of IID restriction for VC 23152 (DUI) conviction:
(i) First offense DUI, mandatory term of five months.
(ii) Second offense DUI, mandatory term of 12 months.
(iii) Third offense DUI, a mandatory term of 24 months.
(iv) Fourth offense DUI or any subsequent violation, mandatory term of 36 months.
Time length of IID restriction for VC 23153 (DUI causing injury) conviction:
(i) First offense DUI, mandatory term of of 12 months.
(ii) Second offense DUI, mandatory term of 24 months.
(iii) Third offense DUI, a mandatory term of 36 months.
(iv) Fourth offense DUI or any subsequent violation, mandatory term of 48 months.
Exemption from this Pilot ProgramIf within 30 days of the notification of the IID requirement, the person certifies to the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at his or her residence.
(iii) The person no longer has access to the vehicle being driven by the person at the time of arrest for a violation that subsequently resulted in a conviction for a violation of VC 23152 or VC 23153.
(iv) The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with a functioning ignition interlock device.
(v) The person acknowledges that he or she is required to have a valid driver's license before he or she can drive.
(vi) The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
Motorcycles not includedFor the purposes of this pilot program "vehicle" does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
Additional RestrictionsInstallation of an IID device on car(s) does not allow the person to drive without a valid driver's license.
This Article is for informative purposes onlyYou should not rely on this article, as it is intended for general informative purposes only. Further, there may have been changes or amendments to this program after this Article was written. There is no attorney-client privilege generated from this article. Feel free to contact me at (818) 336-1384 or www.1DUILawyer.com if you have additional questions regarding this pilot program.