As part of the DUI program here in California and Los Angeles, you may be required to install an “ignition interlock device.” We’ll discuss the specifics below, including what they are, when you are required to use them, and many other common questions.
However, if you are currently facing charges for a DUI, it may not be too late to avoid having to install one at all.
A knowledgeable and experienced LA criminal defense attorney may be able to have the charges reduced or dropped entirely. William Kroger has been a trusted criminal defense attorney here in Los Angeles for decades, and, along with the rest of our team, has a proven history of protecting people from DUI charges and IID requirements.
Contact us as soon as possible at 323-655-5700 or right here online for a free consultation to discuss the details of your case.
An Ignition Interlock Device (or IID) is a small device that is connected between the car’s ignition system and the starter. It requires the driver to provide a breath sample to pass its onboard alcohol breathalyzer test.
If the driver fails the breathalyzer test, the IID prevents the car from being able to start by interrupting the signal between the ignition and the starter. The driver will have to wait until their BAC falls below an acceptable level before they are able to drive.
Even further, the device also requires the driver to provide breath samples even as the car is in motion. Once the device signals that it needs a “rolling test,” you have 6 minutes to pull over and complete it. Of course, many just provide the sample while driving if they feel safe doing so.
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This prevents someone from simply giving the initial sample to start the car, then drinking as soon as the car starts. If the driver fails a test while driving, the engine will not shut off as this causes serious safety concerns.
Instead, every time a driving IID test is either failed or skipped, it will be logged and reported by the device to your IID record and the proper authorities will be notified.
Not every DUI charge in LA requires the installation of an IID into your vehicle. It depends on the type of offense and the exact details, such as who may have been in the car with you.
However, there are two situations where the judge will always require the installation of an IID in LA:
If you’ve had a DUI of any kind before, you will be ordered to install an IID
If your DUI causes bodily injury to another person at all (VC §23153), you will also be required to use an IID
Besides those two cases, the judge may use their discretion when deciding whether or not to require installation of an IID.
The specifics of your case influence that decision, especially:
In those situations, it just comes down to the specifics of your case.
As mentioned above, if you have repeated DUI offenses in California then the circumstances change and you will be required to keep the IID installed for longer:
For DUI’s where another person sustained bodily injury as discussed above, the time ranges from 1 to 3+ years for the first, second, and third offenses respectively.
Maybe you’ve already been ordered by the court or DMV to install and use an IID device. How do you begin?
Ignition interlock devices have to be installed by an auto repair shop certified by the Bureau of Automotive Repairs (BAR).
A quick web search will bring up a list of certified shops near you, but you can also use the Department of Consumer Affairs License Search Tool by selecting “Automotive Repair Dealer” under “License Type.” They will install a certified IID for you.
The fees required by the auto repair shop for installing and maintaining the IID vary, but
you can expect to pay on average:
You are free to shop around and find the best price, so long as it is installed by a verified repair shop as discussed above.
For some, the cost of both the installation and ongoing maintenance and calibration of an ignition interlock device in LA can make it an unrealistic option.
Fortunately, the government does provide some aid for those who are at or near the federal poverty level and are required by the court to install an ignition interlock device:
If you cannot pay, no matter the reason, then you will not be allowed to operate any vehicle (including motorcycles)
with the exception of some classes of moped or scooter which do not require a license to drive.
Yes, you can leave both Los Angeles and California with your IID installed in your vehicle if necessary.
However, make sure that your planned time out of state does not interfere with the IID’s maintenance schedule. As discussed above, failure to bring the device in for scheduled maintenance every 60 days will be reported and you could lose your license entirely.
You can always bring your IID in to be serviced early before you leave on your trip.
No. Installation, maintenance, and removal must be performed by a licensed IID provider and they will keep logs of all the work they do.
Ignition interlock devices are sophisticated and have methods of detecting whether a person has attempted to modify, remove, or otherwise tamper with them—and they will report any such activity to the appropriate authorities.
Attempting to do anything to the IID yourself will likely land you with more consequences, including a full suspension of your license so you cannot drive even with an IID.
If you don’t own a car, then you will not be ordered to install an IID and will not be able to participate in the IID program, either from the courts or from the DMV. You’re exempted from the IID program and do not have to pay any of the fees associated with it.
If you become the legal owner of a car during a period which you are required to have an IID, then you will be responsible for installing an IID in the new car before you will be able to drive it.
No. If you are convicted of a DUI and ordered to use an IID, then you cannot operate any car that does not have one installed. Similarly, you cannot rent a car in any other state. No car rental agency will allow you to rent a car from them with your restricted license.
Simply put, if you are required to have an IID installed, then you cannot drive any vehicle that does not have an IID installed, including cars that you borrow from friends or family.
If it is your first offense and you were only under the influence of drugs and not alcohol, then you may not be required to install an IID as they only test for alcohol.
However, there will likely be other restrictions or treatment options you are required to complete depending on the type and severity of your drug related DWI.
No. If you are required to get an IID, then you have to downgrade your license to a restricted license. Unfortunately for commercial drivers, this means their CDL will be stripped and replaced with a restricted license, same as any other case.
If you are required to install an IID in California but need to drive a company car for work, then you can still do so.
You are allowed to drive your company car with these requirements:
However, this is only the legal requirements. Your company will likely have their own internal requirements to be granted access to a company vehicle, and being charged with a DUI may violate those requirements meaning you will not be able to drive for them any longer.
As you can see, being charged with a DUI and required to install an IID in your vehicle can have serious, long lasting effects on your life and potentially your employment status. We understand just how severe the consequences for a DUI can be.
William Kroger has decades of experience as an LA criminal defense attorney helping protect people from having their life permanently altered. He, along with the rest of our legal team here, are a trusted presence in the LA criminal defense system and a have a long, proven track record of having DUI charges reduced or dismissed entirely.
The sooner you call us at 323-655-5700 or contact us here online, the sooner we can begin preparing your defense.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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