Ignition interlock devices (IIDs) are personal breathalyzers. Drivers in California may be ordered to install an IID on their vehicle after a conviction for some criminal acts. Generally, IID usage is required following a conviction for driving under the influence (DUI).
IIDs assess a driver’s blood alcohol content (BAC) to determine if they are safe to drive. Drivers must follow specific regulations when using an IID, or they can commit an IID violation. Use this article to review common IID violations and the results of IID misuse with the Simmrin Law Group. Get answers to additional questions by calling (310) 997-4688.
Defining an IID Violation in California
Drivers commit an IID violation anytime they misuse an IID in California. There are a number of common ways that IID violations occur. Drivers may be accused of an IID violation if they:
- Drive without an IID
- Try to tamper with an IID
- Don’t properly maintain an IID
- Fail IID testing
Let’s review IID violations in greater detail now. Understanding the specifics of an IID violation can help drivers avoid the penalties for misusing IIDs in California.
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Driving Without an IID in California
The court can order a driver to install an IID after a DUI conviction. In this circumstance, drivers will only get their driving privileges back after their IID is professionally installed and the Department of Motor Vehicles (DMV) approves the installation.
Drivers are not legally permitted to drive a vehicle without an IID in this circumstance. Operating a vehicle without an IID can result in a violation and criminal charges for driving on a suspended license. If convicted, a driver could face:
- Jail time
- Revocation of driving privileges
Tampering with an IID in California
The court system requires drivers to properly use an IID once it is installed. IID installation technicians provide drivers with specific instructions on IID usage, to prevent accidental misuse. Tampering with an IID could include:
- Getting someone else to take an IID test
- Trying to damage the IID sensors
- Attempting to remove the IID
It is against the law to tamper with an IID in any way. The court system can revoke or suspend a driver’s license if an individual is caught attempting to damage or otherwise misuse their IID. In this situation, it’s very important to get legal help right away. Drivers can speak to a criminal defense lawyer in Los Angeles now by calling (310) 997-4688.
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Improper Maintainance of an IID in California
IIDs require regular maintenance, service, and calibration in order to function properly. Drivers are required to set up appointments to ensure their IIDs continue to operate in peak condition. Failure to attend all appointments will be considered an IID violation.
Drivers in the state of California can have their license suspended or revoked if they:
- Miss one service appointment within a 60-day window
- Miss three or more maintenance or calibration requirements within a 60-day window
IID installation technicians provide a schedule for IID maintenance and service. Drivers must adhere to this schedule to protect their driving privileges. IIDs must be serviced correctly throughout the entire period of their usage.
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Failing IID Testing in California
Drivers also commit IID violations if they fail breath tests. IIDs are used to perform two types of breath tests in California:
Initial Breath Testing
Vehicles with an IID will not turn on until a driver blows into the device. At this point, the IID will assess the driver’s breath for signs of alcohol. If the device detects alcohol, it will prevent the vehicle from starting. This lock-out will last for a period of time before drivers can re-take the test.
Rolling Breath Tests
Once behind the wheel, drivers in California must perform rolling re-tests with their IID. These tests will recur as long as a driver is operating a vehicle, they do not stop after a certain period of time. Drivers who ignore a rolling retest are committing an IID violation. Failing a rolling re-test is also considered an IID violation that can lead to serious repercussions in California.
Talk to a Lawyer About California IID Violations
Any misuse of an IID can be considered an IID violation. These violations can lead to fines, jail time, and the loss of your driving privileges, so they should be handled seriously. Contact the Simmrin Law Group now to get help with an IID violation. Just fill out our online contact form or call (310) 997-4688 to get started.
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