California deals harshly with drivers accused of driving under the influence (DUI). DUI cases are often complicated, requiring a criminal trial and a hearing with the Department of Motor Vehicles (DMV). Convictions result in a number of penalties, like fines and jail time.
Drivers may also be aware that California now requires the use of ignition interlock devices (IID) in many DUI cases. The team at the Simmrin Law Group can help you find out how IIDs factor into a DUI case in California here.
Our DUI lawyers in Los Angeles provide information about all aspects of DUI charges, as well. Just call (310) 896-2723 to reach them.
Understand the Function of an IID
IIDs are personal breathalyzer devices. They connect to the electrical system in a vehicle and come with a handheld portion the drivers must blow into. Once a driver blows into the IID, it will assess the driver’s blood alcohol content (BAC) level.
Drivers with an elevated BAC level will be unable to start their vehicles when an IID is installed. The IID will lock out the vehicle for a period of time, requiring a subsequent re-test.
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IIDs and DUI Cases in California
California began using IIDs in DUI cases more comprehensively in the year 2019. Currently, all drivers must install an IID in their vehicle if they are convicted of:
- All DUIs causing injury, including a first-time offense
- Second or subsequent DUI charges not involving injury
In some cases, judges may order drivers accused of a first-time DUI to install an IID as well. Additionally, many drivers convicted of a first-time DUI elect to install an IID. Drivers with a court-approved IID are allowed to continue operating their vehicles in California.
Without an IID, drivers convicted of a DUI will have their licenses suspended for a period of months or even years. Therefore, installing an IID is often a driver’s best choice following a DUI conviction.
Timeframe for IID Usage After DUI Convictions
Drivers ordered to install an IID in a DUI case will have to keep the device in their vehicle for a lengthy amount of time. The court requires drivers convicted of a basic DUI to maintain an IID for up to six months for a first offense. The required time can increase to:
- One year for a second conviction
- Two years for a third conviction
- Three years for subsequent convictions
DUI causing injury charges result in a one-year installation period for a first-offense. All DUI charges in California are priorable. A conviction for a DUI remains on a driver’s record for 10 years. Each subsequent DUI in the 10-year period will be punished more harshly. This punishment includes an increase in the amount of time a driver must maintain an IID.
Drivers charged with a first or subsequent DUI in California can get help quickly from a criminal defense lawyer in Los Angeles. Call (310) 896-2723 to speak with the professional team at the Simmrin Law Group.
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California DUI Cases and IID Installation
California requires drivers to follow specific regulations for the installation of IIDs in DUI cases. Drivers will need to set up an appointment with an installation company approved by the DMV. Installation techs will:
- Place IIDs in all of the driver’s vehicles
- Teach the driver how to use the IID properly
- Provide a record of the installation to give to the DMV
Once the DMV receives the installation form and approves of the IID usage, a driver may resume operating their vehicle. Note that drivers are not permitted to legally drive in a vehicle without an IID after a DUI conviction in California.
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IID Usage After DUI Convictions in California
Drivers convicted of a DUI in California must blow into an IID before they can operate their vehicle. This test must be completed each time a driver gets behind the wheel. If the IID detects alcohol on a driver’s breath, the vehicle won’t start.
Additionally, drivers must perform tests regularly while driving. These tests usually occur at regular intervals. The IID will report drivers who ignore these “rolling” tests as well as any failures on the tests.
Get Help Understanding DUI Charges and IIDs
IIDs factor into DUI cases in California in a number of ways. You may be required to install an IID in your vehicle if you are convicted of a DUI. In this situation, you’ll have to keep the device installed for months or years.
You may be able to get help in avoiding an IID if you reach out to the Simmrin Law Group right away following your arrest. Get a FREE consultation to review your legal options from our DUI lawyers in Los Angeles. Fill out our online contact form or call (310) 896-2723 to get started.