You may need to install an ignition interlock device (IID) in your vehicle if you are convicted of driving under the influence (DUI) in California. The IID must be used each time your vehicle is turned on while it is installed. This means that everyone who operates your vehicle will use the IID.
Many drivers with IIDs wonder if they will be held responsible if someone else who is intoxicated blows into their ignition interlock. Review California’s laws on shared IID usage with the Simmrin Law Group. Get additional answers by calling us at (310) 997-4688.
Responsibility for IID Usage in California
Generally, it will be assumed that you are the person using your IID after its installation. This means that reports about IID usage will automatically be attributed to you. However, you will not always be held responsible if someone else blows into your IID while they are intoxicated.
You may be able to avoid responsibility if you can prove you were not the person who blew into the IID. Ensure that you record each time someone else operates your vehicle or uses your IID. Additionally, you should be aware that some IIDs come equipped with cameras, which can provide visual evidence that you were not using the IID.
California does not require you to install an IID with a camera. You can speak with an IID installation technician to determine if you want a camera-equipped IID or not.
Results of Blowing into an IID While Intoxicated
Let’s review the repercussions for blowing into an IID while intoxicated in California. Regardless of who blows into the device, it will lock-out your vehicle for a period of time if it detects alcohol on a user’s breath. Another driver cannot un-lock the vehicle by immediately repeating the test.
Additionally, fails on IID breath tests will be recorded and reported. Note that your IID will also require “rolling” tests while your vehicle is in operation. All drivers must:
- Complete these tests each time they are requested
- Stop driving if they fail a rolling test at any point
Refusal to complete a rolling test will be reported and it can lead to harsh penalties. Continuing to drive after a driver fails a rolling test is also very serious, as this could be used as evidence that a driver was operating a vehicle while impaired.
Additional IID Violations in the State of California
IIDs in California may be misused in a number of ways. You can be held in violation of California’s regulations on IID usage if anyone:
- Tampers with your IID
- Tries to remove your IID
- Attempts to bypass your IID
Acts of IID noncompliance can allow the Department of Motor Vehicles (DMV) to suspend or revoke your driver’s license. For this reason, all individuals using your IID should be shown how to operate it correctly and informed of the results of misusing the device.
You can get legal help if someone else misused your IID. Call (310) 997-4688 to speak to a criminal defense lawyer in Los Angeles. A legal professional could be able to show that you were not responsible for violating the court’s regulations.
Steps to Take If Someone Else Fails an IID Test
You could be held responsible if someone fails an IID test in your vehicle or if they otherwise misuse your IID. You need to move quickly in this situation. It is generally advised that you contact:
- The monitoring agency for your IID
- The company that installed your IID
- A criminal defense lawyer
You may be able to demonstrate your innocence in this situation if you made a record of someone else using your vehicle. Additionally, if your IID has a camera, it should be easy to show that you did not fail an IID test or tamper with the IID.
Note that you can reduce the odds that someone will misuse your IID by ensuring they are properly trained on IID usage. IID installation techs can provide training on IID usage for anyone who will use your vehicle regularly.
Get Help If Someone Blew into Your IID While Intoxicated
If someone else who is intoxicated blows into your IID, you could be held responsible. A DUI lawyer in Los Angeles could demonstrate that you were not responsible for an IID failure. A legal professional could also protect you if someone else damaged or misused your IID. You can get help in this situation by contacting the Simmrin Law Group for a FREE initial case evaluation.
Reach us easily by completing our online contact form or calling (310) 997-4688.