Not every DUI conviction in California comes with a requirement to install an ignition interlock device (IID). However, if you have been ordered to install an interlock in your vehicle after a DUI conviction, installing and maintaining the device is mandatory. Violating the IID requirement can result in a number of penalties, particularly because it is a violation of the terms of your probation.
If you’ve been accused of violating the court’s order to not drive without an interlock device, your best course of action may be to contact a lawyer with experience in dealing with these types of cases.
We can help you schedule a free consultation with a leading DUI attorney who can help you understand what you’re facing and what they can do for you if you decide to retain their services.
Requirements for an Interlock Device Under California Law
The requirements for sentencing an individual with an interlock device come from California Vehicle Section 23575. There is some wiggle room under the law about installing an interlock device, but it can be the fastest way for you to receive a restricted license after a DUI conviction. You will be required to install an interlock device in every vehicle that you regularly use.
Under the law, judges may not sentence any individual to have an interlock device for more than three years. For relatively minor offenses, such as a first-time DUI offense where the driver’s blood alcohol concentration (BAC) was around the legal limit of 0.08%, the judge may only order a six-month period for the IID. For more severe offenses, like repeat offenses or having a BAC at or above 0.15%, judges may reach a maximum of three years.
Once the interlock device is installed, you will have to have the device maintained once every 60 days. As part of this maintenance, the technician will access the logs on the device to see how you’ve been using it. A failure to use the device properly, or attempting to tamper with the device, will be reported to the DMV, which monitors the use of IIDs.
Waivers
If you don’t reasonably have access to a vehicle, you may petition to get a waiver from the court for the interlock requirement. If you don’t own a vehicle or drive one as part of your employment, the court may grant the waiver. Even if you don’t own a vehicle, but a family member who lives with you does own one, the court may choose to not grant the waiver if there is sufficient concern that you have access to the vehicle.
This waiver will strike the requirement, but also requires that you inform the court if your circumstances change. If you will have access to a vehicle during the period in which you would otherwise have an IID, you will be required to have a device installed in your new vehicle. Failing to notify the court about your change in circumstances can result in the same sorts of penalties anyone else faces for evading the interlock requirement.
Penalties for Driving without an Interlock
If you’ve been founding driving without an interlock device, either because you’ve tampered with the device or because you were found driving a vehicle without an IID, the first penalty you may be subject to is a revocation of your restricted license. This means that you will not be able to drive for a set period of time, usually the remaining time you had with the IID.
However, you may be subject to additional penalties. While driving without an interlock doesn’t come with a court-mandated punishment, it can be a violation of your probation. The judge will have discretion as to what sort of penalty you face for this violation. It may include an extended license suspension, more time with an IID, or even time in jail.
Get a DUI Attorney if You’ve Been Driving without an Interlock
If you have reason to believe that you’ll find yourself in violation of your interlock device requirements, contact a DUI attorney today. At a minimum, you will be facing an extended period of time without a vehicle. At the worst, driving without an interlock may result in jail time.
Call us today or use the webform on the right side of this page to explain your situation. We’ll help you connect with one of our experienced lawyers, who will meet with you at no cost to you. Given the penalties you could be facing, please don’t hesitate to reach out today!
