This Device Blows - IID Requirement for DUI

You might be required to install an Ignition Interlock Device

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As frequent readers of this site will already be aware, the location of your arrest can have a gigantic impact on the outcome of your case when you are arrested for a DUI (CVC 23152). Depending on the county that you are arrested in, you will find yourself prosecuted by different prosecution offices, and facing different judges, with potentially different outcomes. One such outcome might be you would be required to install an Ignition Interlock Device IID in every vehicle to which you have access after a conviction for a first time DUI.

At the time of this writing, the law in California with respect to the Ignition Interlock Device is changing. Technically, the law allows for a Judge to sentence a person convicted of a DUI to a required Ignition Interlock Device whenever they feel that it is warranted that they do so. They can order you to install an IID and to keep it in your vehicle for up to three years, but will usually only do so when there is exceptionally high blood alcohol, or where the person refused to give any sample of their blood or breath upon arrest.

They can order you to install an IID and to keep it in your vehicle for up to three years

However, in the year 2010, California Vehicle Code (CVC) section 23700 went into effect, mandating that in four “Pilot” counties (Alameda, Los Angeles, Tulare, and Sacramento) if a person is convicted of a DUI, they will be required to install and maintain an IID for 5 months on a First DUI, 1 year on a second, and 2 years on a third.

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This means that if you are convicted of a first DUI at the time of this writing you may or may not be required to install an IID, depending on whether your arrest was in one of the “Pilot” counties. However, with the passage of SB1046, the Pilot IID Program has been extended and expanded, with new IID requirements for all counties in the state of California. This law will go into effect on January 1, 2019.

If you have been arrested or cited for a DUI, regardless of whether or not it was in one of the “Pilot” counties, you should consult with an Attorney as far as the consequences you could face. Contact The Law Offices of Bryan R. Kazarian today for a free consultation.