Is it considered a probation violation if you fail an interlock test in California? Review regulations on ignition interlock device (IID) usage and probation requirements with this article.
Is It Considered A Probation Violation If You Fail An Interlock Test?
California drivers on probation after a conviction for driving under the influence (DUI) have to adhere to regulations handed down by the court. You may also be ordered to install an ignition interlock device (IID) on your vehicle after a DUI. IIDs measure alcohol on your breath.
So, is it considered a probation violation if you fail an IID test after a DUI conviction? The answer to this question depends largely on your legal situation. You can learn more here with the Simmrin Law Group and get additional information by calling (310) 896-2723.
Understand the Terms of Your Probation
Failing an IID test may or may not be considered a probation violation in California. This depends largely upon the terms of your probation, or the orders set forth by a judge after your conviction. These regulations may include orders not to break any further laws, or not to drink alcohol.
You can violate your probation by ignoring any of these guidelines. Therefore, if you were ordered not to drink alcohol as a term of your probation, and your IID reports that you consumed an alcoholic beverage, it could be used as evidence that you violated your probation.
Note that the same terms of probation are not used for everyone convicted in California. Make sure you review the regulations governing your probation.
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Consider the Recipients of Your IID Reports
IIDs generate reports each time a driver fails or ignores a test they are supposed to complete. Depending upon the IID model you have, these reports could be:
- Stored to be retrieved by a technician
- Sent in real-time to a monitoring agency
Often, reports are sent first to the IID installation company that placed the IID on your vehicle. Reports are then forwarded to the appropriate representatives at the Department of Motor Vehicles (DMV). Decisions are then made as to the response to any IID failures.
Note that the DMV and the court system in California have a very close relationship. If there are indications that you failed an IID test, thereby violating a specific term of your probation, it could be reported back to the court system.
Process for Handling Probation Violations in California
You will not be immediately convicted of a probation violation for an IID failure. Probation violations are treated very seriously by the court system and they generally require a hearing to decide how they should be handled.
It’s important that you contact a criminal defense lawyer in Los Angeles quickly if you are accused of violating your probation. A legal professional can review the facts of your case and may even be able to dispute the evidence against you.
You can start getting legal assistance with a probation violation by calling (310) 896-2723.
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Results of a Probation Violation in California
If you are accused of violating your probation, your case will be heard before the court. Drivers who are found guilty of a probation violation following a DUI conviction could:
- Face increased probation restrictions
- Have their probation period lengthened
- Be ordered to serve out a jail sentence instead
As you can see, a probation violation can have serious impacts on your life. You should also be aware that seriously misusing an IID can lead to a license suspension or revocation, on top of the results for a probation violation in California.
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Options to Handle an IID Failure
Not all IID failures occur when a driver violates the terms of their probation. You could fail an IID test even if you didn’t drink any alcohol. Some everyday products can trigger your IID, including:
- Some energy drinks
- Certain kinds of mouthwash
- Foods cooked with alcohol
Using the above items should not be considered a probation violation in California. A professional lawyer could be able to demonstrate that you “failed” an IID test for innocent reasons. In this situation, an IID test failure should not be considered a probation violation, as you did not disobey the court’s regulations.
Contact a Lawyer for Help if You Fail an Interlock Test
It may be considered a probation violation if you fail an IID test. The terms of your probation will determine how likely this act is to be treated as a violation by the court system. If you are accused of violating your probation, you can get help quickly by reaching out to the professionals at the Simmrin Law Group.
Contact our DUI lawyers in Los Angeles to start building a defense with a FREE initial case evaluation. Just call (310) 896-2723 or fill out our online contact form to learn more.