Drivers convicted of driving under the influence (DUI) in California may be required to install an ignition interlock device (IID). This device measures your blood alcohol content (BAC) before you turn on your vehicle and while you drive. If convicted of a DUI, you must blow into this device every time you start your vehicle.
The Simmrin Law Group can help you understand all the ramifications of having an IID installed in your vehicle. If you are facing a DUI charge, an experienced DUI lawyer in Los Angeles can help you avoid a conviction or plea bargain for the most favorable terms. Reach out to us today to set up a free consultation with an experienced member of our legal team.
You Blow Into an IID Each Time You Start Your Vehicle
So, how often do you have to blow into an ignition interlock device? An IID requires you to perform a blood alcohol concentration (BAC) test every time you want to go for a drive. If the IID detects alcohol on your breath, your vehicle will not operate. Instead, it will be locked out for a period of time, during which you will not be able to drive.
You will have the opportunity to re-test following this lock-out. A subsequent failure will lock your vehicle out once more. You must wait until the IID doesn’t detect any trace of alcohol to turn your vehicle on in the state of California.
Note that the IID does not just detect alcoholic beverages. Other substances can affect the readings and set off the detector. You could be locked out if you attempt an IID test after:
- Using mouthwash
- Eating certain foods, including vanilla
- Utilizing a breath spray
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You Blow Into an IID While Driving Your Vehicle
How often does the interlock go off while driving? In addition to taking a BAC test before starting your vehicle, you will have to perform tests while driving. These tests occur around every 45 minutes. You will be notified by your IID when the time to take a test approaches.
Note that all failures on these “rolling” tests will be reported by your device. Refusal to complete a test will also be noted on your IID record. You will need to perform these tests for the entire period you have an IID installed in your vehicle. The device will not test you less as time progresses. Therefore, you may need to complete these regular tests for around:
- Six months for your first DUI
- One year for your second DUI
- Two years for your third DUI
- Three years for subsequent DUIs
Other Regulations for IIDs in California
You must blow into your IID regularly to comply with regulations set forth by the state. You must also follow several other rules to maintain compliance with the IID program. You will need to have your IID regularly serviced, maintained, and calibrated.
You must have your ignition interlock device inspected and calibrated by a certified IID installer every 60 days. The installer will not only ensure the device works appropriately but will also check if you have any violations logged on the device, such as failure to take a retest when alerted.
Consequences of Failing to Adhere to IID Regulations
Make sure that you take the presence of an IID in your vehicle seriously by adhering to all regulations. For example, failure to follow the maintenance schedule required by the company that installed your IID can result in a license suspension or revocation.
All noncompliance issues are reported to the court or the DMV. Examples of noncompliance include failing to have the IID serviced within 60 days and failing three or more times to bring it in for calibration or maintenance within 60 days.
If the court or DMV suspends or revokes your license due to noncompliance with servicing and maintenance rules, you must get back into compliance with the certified installer. A new form will be submitted to the court or DMV, which will then reinstate your IID-restricted license.
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Acts Leading to IID Noncompliance in California
In addition to failing to ensure your IID is properly maintained, deliberately damaging the device can also get you in legal trouble. For example, your license may be revoked or suspended if you try to:
- Bypass your IID
- Remove your IID
- Tamper with your IID
Trying to get someone else to blow into your IID can be considered bypassing the IID. Driving a vehicle without an IID can also result in legal issues for you. In fact, driving without your IID can lead to criminal charges for driving on a suspended license for a DUI conviction in the court system.
How Long Will I Have to Use an Ignition Interlock Device in California?
Ignition interlock devices may be installed for 1-4 years, depending on the circumstances of the DUI conviction. Therefore, the more prior offenses you have, the longer you will have to keep the IID installed.
The same applies to DUI convictions that result from injury offenses. If you injured someone while driving under the influence, your mandatory IID time is increased. The California DMV specifies the mandatory statewide ignition interlock device installation period as follows:
- No prior DUI: No mandatory IID, unless DUI resulted in injury; then one-year IID installation period
- One prior DUI conviction within 10 years: One year for non-injury offenses and two years for injury offenses or manslaughter
- Two prior DUI convictions within 10 years: Two years for non-injury offenses and three years for injury offense
- Three or more prior DUI Convictions within 10 years: Three years for both injury and non-injury offenses
- One or more felony DUI convictions within 10 years: Three years for non-injury offenses and four years for injury offenses
How Does an Ignition Interlock Device Work?
An ignition interlock device measures alcohol on a driver’s breath to determine whether the driver has been drinking. The device works by using an ethanol fuel cell sensor to measure BAC.
When you drink, alcohol is absorbed into your bloodstream, your blood pumps through your body and through your lungs, where some of the alcohol is exhaled when you breathe out. An IID measures your breath to determine if you have been drinking.
If the ethanol fuel cell sensor detects alcohol on your breath, it will send an electrical signal to a connected electrical control unit (ECU) in your vehicle, which will shut your car off and prevent it from starting again for several hours.
How Long After Drinking Can an IID Detect Alcohol?
IIDs are simply car breathalyzers measuring the amount of alcohol on your breath. They can detect alcohol on your breath for 12-24 hours after drinking, so plan to stay out of your vehicle for at least a day to be on the safe side. Instead, call an Uber, Lyft, taxi, or a friend.
Some people choose to take a risk, thinking that the legal blood alcohol level of .08 also applies to their ignition interlock device. However, many of these devices flag blood alcohol at .02 and will not start your car. An IID could also detect blood alcohol levels lower than .02 and produce a warning that will be recorded in your IID logs.
DUI Charges and Their Connection to IIDs
Drivers in California are frequently ordered to install an IID after a DUI conviction. Getting professional help after you are arrested for a DUI can reduce the odds that you will be convicted. Resolving DUI charges successfully can ensure you don’t have to install an IID.
The team at the Simmrin Law Group can assess your case following a DUI arrest. Allow us to focus on constructing a strong defense for you. We’re ready to protect your driving privileges in California, starting right now.
Get Legal Advice Regarding IID Usage in California
You have to blow into your IID every time you start your vehicle and frequently while you are driving. This requirement can quickly become frustrating for drivers.
Make sure you take proactive steps to prevent a DUI conviction and IID installation by reaching out to the Simmrin Law Group. Our experienced team will do everything possible to minimize the consequences you face. Contact us today to learn more about how we can help with a free case evaluation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form