How many DUIs you can get before you get a breathalyzer in your car depends on your state laws. California is one of several states to now require drivers with only one DUI conviction to install an IID in their vehicle.
While an IID gives someone the opportunity to continue using their vehicle, the option does come with costs and responsibilities. An experienced DUI lawyer in Los Angeles can explain more about when California requires a breathalyzer in the car.
What Is an Ignition Interlock Device?
Across America, many states have begun a new penalty for a conviction of Driving Under the Influence. Under some circumstances, convicted individuals are required to install an ignition interlock device (IID) in their vehicles.
These electronic devices, about the size of a cell phone, serve as private breathalyzers, similar to the tool used by a police officer in a field sobriety test. The IID is attached to a vehicle’s ignition and reads a person’s blood alcohol content (BAC) after the potential driver blows into it. If the device detects the driver has been drinking, it prevents the car from starting and being driven.
This device allows a driver to use their vehicle while preventing them from repeating the offense of drunk driving. It periodically prompts the driver to test themselves, and if the driver does not comply, the court is notified. After how many DUI you get, a breathalyzer depends a lot on your state laws; consult a local attorney.
When Do Courts Mandate an IID?
California judges make all decisions regarding DUI sentencing. Ultimately, these judges dole out the required installation of an IID. The usual recipients of a mandated IID sentence are first-time offenders with a BAC of .15% or higher. This can also be the standard consequence for drivers who refuse a breathalyzer or chemical blood tests during their arrest.
If a driver is convicted of DUI and caught driving while their license is suspended, they may be subject to a number of additional and more severe penalties. Among these punishments, the court may order an IID to be installed on their vehicle after the suspension is lifted.
In California, if you’re convicted of a DUI, the judge will require you to install a breathalyzer in your car for:
- Four months if there is no DUI conviction, but you are found liable under California’s DMV
- Six months after the first DUI conviction
- One year after a second DUI conviction,
- Two years after a third DUI conviction, and
- Three years after a fourth or more DUI conviction.
In cases of repeat offenders, the installation of IIDs is usually part of their DUI sentencing, and the required devices will follow the typical suspension.
Other Punishments for DUI
If a convicted driver is granted a restricted license, an IID can be installed for longer periods to compensate for any time the driver is permitted behind the wheel.
An IID restriction comes after the completion of the standard punishments for DUI:
- Fines
- License suspensions
- Jail time
In California, DUI convictions remain on someone’s record for ten years. Any new arrest and conviction during this period are counted as a second offense, even if it occurs at the end of the ninth year.
How Does an IID Work?
An IID is only accessible by the driver, and it is illegal to allow someone other than the driver to blow into the device. Drivers are required to take additional breath tests every time they drive, and trying to fool the device is punishable by law.
Operating an IID is simple:
- Blow into the device before you start the vehicle.
- If an IID detects the presence of alcohol on the driver’s breath, the car will not start.
- The system will pause for a few minutes before the driver is prompted to try again.
An IID is activated any time a driver attempts to operate a vehicle. It does not matter if the driver is going to work or taking a trip. The vehicle where the IID is installed will prompt whoever the driver is to test their breath for evidence of alcohol before the automobile starts. A DUI attorney can tell you more about what an interlock ignition device does.
Court-Mandated IIDs
The court may mandate that an IID be installed in a convicted driver’s vehicle, but the driver must pay certified technicians to install the device. Depending on where you are, installation can take one hour or all day and could cost more than $100.
The required driver typically has to pay a monthly fee for the service. You must also pay to have the device calibrated regularly to stay in compliance. After an IID is installed, all the stored information related to the convicted driver and their vehicle will be reported to the court where the sentencing occurred.
Is It Possible for an IID to Show a “False Positive”?
Yes, an IID can show a “false positive.” This can happen if the device detects substances that contain alcohol or mimic its presence. Common culprits include certain mouthwashes, breath sprays, medications, or even food items like vinegar that may have trace amounts of alcohol.
How Much Do I Have to Pay for an IID?
The cost of an ignition interlock device can vary depending on the provider, location, and specific requirements of your state. Generally, you can expect to pay an installation fee ranging from $70 to $150.
After installation, the device is rented for a monthly fee, and some providers may also charge additional fees for calibration, maintenance, or early removal if allowed. You may also need to cover the cost of periodic monitoring or data reporting to the court or DMV.
In some states, financial assistance programs are available for those who cannot afford the full cost of an IID. For example, under California’s Vehicle Code 23700 VC, if you can’t afford the mandatory IID, you only have to cover a portion of the expenses. A DUI lawyer can help you explore cheaper ignition interlock devices.
A Los Angeles DUI Lawyer Can Help You Manage Your Penalties
The stakes have risen for first-time DUI offenders in California. Although it is not ideal, there are cases when an IID is a better alternative than a lengthy license suspension. Installing an IID in a vehicle can be expensive. The embarrassment of having to use one to drive can create a stigma and impact your reputation.
It can also be a daily inconvenience to get from one place to another. A qualified DUI lawyer in Los Angeles can help explain these options and perhaps help you escape the financial burden of heavy penalties.
Speak With a Los Angeles DUI Lawyer Today
If you have been arrested on suspicion of DUI and face a DUI conviction on your record, retain an experienced Los Angeles DUI attorney for advice. A skilled lawyer can counsel you through this difficult process.
A strong defense is needed to avoid life-altering consequences like fines, license suspensions, jail time, or an IID. Competent legal representation can protect your rights while finding the best outcome for your case. In some circumstances, this may be a plea bargain or other legal avenues to avoid the harsh penalties of a DUI conviction. Contact us to schedule a consultation today.
