Under Close Watch
Ignition interlock devices are a unique aspect of DUI sentencing in California. Mandatory with first-time convictions in four counties (Alameda, Los Angeles, Tulare, and Sacramento), these devices must be installed in your car at a cost to you. Once installed, they require a clean (i.e. alcohol-free) breath sample before the car can be started. If there is a registrable amount of alcohol in your breath, the device will prevent your car from starting. This may seem like enough of a hassle, but on top of the restriction of your personal freedom the court will be closely monitoring your use of the device as well.
You will be ordered to install an ignition interlock device in any vehicle you drive or own, with very few exceptions. Employer-owned vehicles you use during the course of employment may be exempt from the requirement. The device must be installed within 30 days of receiving an order to install from the court. You will also need to submit proof of installation. For some parts of the monitoring, you will need to be proactive. You will have to have the device maintained and calibrated by a certified installer every 60 days. This will come at a cost to you. The technician will be making sure the device is in proper working order and that no violations have been entered in the log. The device itself will record violations, such as providing false samples or failed attempts at providing a clean sample. The technician will review this log and report violations as needed. Failing to fulfill this requirement of general maintenance and calibration will result in the installer reporting the violation to the court. Any attempts to provide false samples or otherwise circumvent the device’s mechanism is considered a violation of the order and could result in your driver’s license being completely suspended or revoked.
The order to install an IID will prohibit you from driving any vehicles that do not have a device installed unless it is an employer-owned vehicle or you are driving out of necessity in legitimate emergency purposes. You must notify any person or entity that leases, rents, or lends you a vehicle of the court-ordered restriction you are subject to. You will also have to keep current on your licensing and registration of any vehicles you own. This does not include employer-owned vehicles, but you will need to provide a copy of the order to your employer.
Having an ignition interlock device installed in your car is indeed a hassle. The costs of installation, rental of the device, and calibrations can really add up. You will also need to take the time to have it serviced every 60 days. Failing to make payments on the device or have it properly serviced may be a violation of the order in the court’s eyes. Violating a court order is a serious offense. Even if you had a legitimate reason to fail to comply with certain parts of the order, you must demonstrate that cause to the court to avoid penalties.
Facing the consequences of a DUI in California can be daunting. There is a lot to know about what you will have to do to fulfill the requirements of your sentencing. If you have been ordered to install an ignition interlock device you will have even more to do. Additionally, these are just the restrictions and requirements from the court you will be subject to. The California DMV may further restrictions and requirements on you that you must comply with.
Speak with an experienced California DUI defense attorney if you are facing DUI charges. The consequences of a DUI are significant and could include an order to install an ignition interlock device. You don’t have to face DUI charges on your own, nor is it wise. An attorney can assist you with your case and help you navigate the complicated California DUI process, giving you the best possible chance of avoiding a conviction.
If you are in the Visalia, Hanford or Tulare area and are facing DUI charges or have violated an IID order, The Law Offices of Christopher Martens is here to help you. DUI defense attorney Christopher Martens will work hard to defend your rights and help you fight your charges. Attorney Martens has handled thousands of cases over a span of ten years of criminal defense practice and can fight hard for your rights in court. Contact attorney Christopher Martens for experienced criminal defense counsel today. Contact our office at 559-967-7386 or email us at MartensLaw@gmail.com to discuss a possible plan of action for your case.