Must I install a breathalyzer (IID) in my car?
Must I install a breathalyzer (IID) in my car in my DUI case? An ignition interlock device needs to be installed in your case under California law in certain cases. Learn from our Orange County DUI Lawyers when you will need to have a breathalyzer installed in your vehicle for the DMV or for the court.
What is an ignition interlock device (IID)?
An ignition interlock device, which is sometimes called a breath alcohol ignition interlock device (IID and BAIID) is a breathalyzer for your vehicle. It requires the driver to blow into a mouthpiece on the device before starting the vehicle. With some devices, you are also periodically required to blow in the vehicle while it is in motion at certain intervals.
When do I need an IID installed?
Must I install a breathalyzer (IID) in my car as part of my DUI case? There are only two situations where the IID needs to be installed in your car:
- You have a first time DUI in one of the four specific “DUI Pilot Program” counties in California; or
- You have a multiple offense DUI (a second DUI or higher).
Ignition Interlock IID Requirements for a “DUI Pilot Program” county.
The four “DUI pilot program” counties in California are as follows:
- Los Angeles County;
- Alameda County;
- Sacramento County; and
- Tulare County.
In those four counties only, a pilot experiment is going on over a period of several years. That experiment is to see, statistically, if installing a breathalyzer (IID) in the cars of first time offenders, ends up reducing the number of second time driving under the influence (DUI) cases and provide DMV with data that can be used to evaluate the effectiveness of an IID in reducing DUIs overall.
That IID pilot program requires all individuals convicted of a DUI in one of the four California counties above to install an IID on every vehicle they own or drive, provide DMV with a Department of Motor Vehicles Ordered Verification of Ignition Interlock (DL 924) form, pay a $45 administrative service fee (ASF), and meet all other reinstatement requirements before DMV can reinstate, reissue, or restrict their drivers license.
The DMV, not the Court, Requires the IID.
Note that this is not a court requirement, even though it is triggered on being found guilty of DUI, or entering a plea of guilty to DUI under a plea bargain in court. The court may not mention it, as it is a DMV requirement, and after a conviction, the DMV will notify you via mail of the need to install a breathalyzer (IID) in your car.
After a court conviction, the DMV automatically mails an Order of Suspension or Revocation notice along with a DUI IID Insert or an Order of Installment of an Ignition Interlock Device when the department receives notification of a conviction for a DUI violation under California Vehicle Code (CVC) §§23152 or 23153 or Penal Code (PC) §191.5(b) which occurred in one of the pilot counties on or after July 1, 2010. Note that pleading to a wet reckless does not require you to have an IID installed in your vehicle.
How long do I have to have the IID installed for?
If you are a standard first-time DUI offender in one of the counties above, you must install the ignition interlock device for five (5) months. If, however you are convicted of Vehicle Code 23153 VC DUI causing injury, you must install the device for one year.
Once an IID is installed, do I have to do anything further?
Yes – you must arrange service with the installer for each of the vehicles with an IID at least once every 60 days. When the vehicle is serviced, the installer will recalibrate and monitors the operation of the device. Under CVC §23700, an IID installer must notify DMV if the device is removed or if there is evidence that you attempted to remove, bypass, or tamper with the device; or if you fail three or more times to comply with any requirements for the maintenance or calibration of the IID.
An IID and a Second time DUI or a Third time DUI
Must I install a breathalyzer (IID) in my car for a second time DUI?
With a second time DUI, you are not required to install an IID, but it helps you.
While the DMV APS suspension is 1 year if there is 1 prior DUI on the record within 10 years, if you submitted to a chemical test and show proof of installation of the ignition interlock device(“IID”), you can obtain a restricted license after 90 days. This restricted license allows you to drive anywhere as long as it’s in a car with an IID installed. This is required for 12 months.
Unfortunately, drivers facing a second time DUI offense in California who also refused to submit to a chemical test will face a much tougher punishment. These individuals face a two year license revocation and are not entitled to a restricted license during any part of the suspension period.
You should note that there is no way around the 12-month ignition interlock device (IID) requirement. Therefore we always recommend to our clients that you should install it immediately so that you can get the restricted license on the 91st day after your suspension initially began.
Must I install a breathalyzer (IID) in my car for a Third Time DUI?
Do I need to install a car breathalyzer (IID) in my DUI case as a third time offender? If you are convicted of a third offense DUI, you must install an IID on any car you own or operate for a four-year period. If you are convicted of your 3rd DUI in the pilot program counties of Los Angeles, Alameda, Tulare or Sacramento County, IID installation is mandatory. However, in all other counties, installation is at the judge’s discretion.
A court license suspension from a DUI is 3 years when there are already 2 prior DUI or wet reckless convictions within 10 years.
On the other hand, the DMV’s APS suspension of your license is only 1 year if there is 2 prior DUIs on the record within 10 years. However, after 180 days, if you submitted to a chemical test and show proof of installation of an ignition interlock device (“IID”), you can obtain a restricted license. This restricted license allows you to drive anywhere as long as it’s in a car with an IID installed. This is required for 24 months.
Unfortunately, drivers facing a third time DUI offense in California who also refused to submit to a chemical test will face a much tougher punishment. These individuals face a three year license revocation and are not entitled to a restricted license during any part of the suspension period.
You should note that there is no way around the 24-month IID requirement, so we always recommend to our clients that you should install it immediately so that you can get the restricted license on the 181st day after your suspension initially began.
Must I install a breathalyzer (IID) in my car? It depends on the above factors.
Do you have question about your specific case, or about IID requirements, for our DUI Lawyers? Contact us today.