Many drivers in California have questions about the usage of ignition interlock devices (IIDs). For example, you may be wondering how many times you can fail an IID test before you face repercussions. You can use this article to review the results of a failure on an IID test.
You can also go over the legal results of the misuse of an IID in California. Focus on getting the answers you’re looking for with the Simmrin Law Group. Contact us for additional professional help by calling (310) 997-4688.
A Single Failed IID Test Locks Out Your Vehicle
California’s regulations on IID usage are very strict. Your vehicle may be locked out the first time you fail an IID test. This means you will be unable to start your vehicle for a period of time. After this period of time passes, you can re-try the IID test.
A subsequent failure will lock out your vehicle once more. Your vehicle will not start if you fail an IID test. It does not matter if it is the first time you took the test, or not. You will not be able to drive until the IID does not register alcohol on your breath.
Avoiding an IID Test Is Against the Law in California
Some drivers in California attempt to avoid failing an IID test by simply not taking the test. Drivers may try to get someone else to take the test for them to start their vehicle. This act will be considered bypassing your IID and it is against the law.
Drivers who try to bypass their IID to start their vehicles can have their licenses revoked or suspended.
Drivers Must Complete Rolling IID Retests
You don’t only use your IID when starting your vehicle in California. You will also have to perform tests while driving. You will receive a prior warning before a test is due. Note that you must complete all tests to comply with California’s regulations on IID usage.
Drivers can be accused of bypassing their IID if they:
- Fail to complete a rolling test
- Complete a rolling test with an elevated blood alcohol content (BAC) level
Note that you must keep your BAC very low to pass a rolling test with an IID. Most drivers in California must keep their BAC below 0.08% to legally operate a vehicle. You may fail an IID test if your BAC is above 0.02%, leading to harsh penalties and the loss of your driving privileges.
Mistreatment of an IID Is a Serious Offense
Drivers in California may face penalties if they fail or avoid an IID test. The Department of Motor Vehicles (DMV) may also suspend or revoke your driver’s license if you attempt to:
- Tamper with your IID
- Remove your IID
You are legally required to keep an IID in your vehicle for a set period of time following a DUI conviction. A first-time conviction might require you to keep an IID for six months. Subsequent convictions will increase the amount of time you have to use an IID.
You should contact a criminal defense lawyer in Los Angeles right away if you are accused of tampering with or removing your IID. Call (310) 997-4688 to take to the professionals at the Simmrin Law Group.
Keep Your IID Maintained to Avoid Legal Trouble
California requires drivers to get their IIDs regularly serviced and maintained. In fact, your driving privileges may be suspended or revoked if you:
- Miss a single service appointment within 60 days
- Fail to calibrate or maintain the IID at least three times within 60 days
Your IID may need to be calibrated after a series of test failures. Your IID installation technician will inform you of when your device will need maintenance and service. You should not avoid these appointments if you want to protect your ability to operate a motor vehicle.
As you can see, even a single mistake with an IID can have serious consequences on your life. However, you should not try to operate a vehicle without a court-ordered IID. This can result in charges for driving on a suspended license in California.
Talk to a Professional If You Fail an IID Test
How many times can you fail an IID test in California? In truth, even a single failed test can lock out your vehicle. Failing a rolling test could even cost you your driving privileges. Make sure you get help right away after an IID test failure by speaking with the Simmrin Law Group. Call (310) 997-4688 or fill out our online contact form to get started.
You can speak to our DUI lawyers in Los Angeles to get a FREE case evaluation.