When a person is convicted of a driving under the influence offense in Los Angeles County, he or she would be required install and maintain an Ignition Interlock Device (“IID”) in his or her vehicle for a specified amount of time as a result of the California Department of Motor Vehicles Pilot Program. This Pilot Program applies only to DUI convictions in Los Angeles, Sacramento, Tulare and Alameda Counties. The program was initially set to expire on December 31, 2015, however the California legislature recently passed Senate Bill 61 which extended the IID Pilot Program to July 1, 2017.
The DMV Pilot Program applies to defendants who are convicted of any DUI offense under California Vehicle Code Section 23152 VC, DUI Causing Injury pursuant to California Vehicle Code Section 23153 VC or Vehicular Manslaughter While Intoxicated in violation of California Penal Code Section 191.5 PC. The Pilot Program does not apply to defendants convicted of reduced DUI charges such as wet reckless pursuant to California Vehicle Code Section 23103/23103.5 VC or exhibition of speed under California Vehicle Code Section 23109(c) VC.
An IID is a device that is installed in a car’s ignition. The IID requires the driver to provide a breath sample in order to start the vehicle. If the IID detects alcohol in the breath sample, the vehicle will be unable to start. Once the car is being operated, the IID requires periodic “rolling tests” that require the driver to blow into the device to keep the vehicle running.
The IID Pilot Program applies to all DUI convictions from the four participating counties. If the defendant lives in another county but was convicted in one of the four counties, he or she would still be required to install and maintain an IID. The DMV allows the IID to be installed by a local installer.
For a first time DUI conviction, the defendant is required to have an IID for five months. During the time that the IID is in the vehicle, the driver would not have any restrictions on where or when he or she could drive. The driver can have the IID removed after five months have passed. If the driver has not completed his or her mandatory alcohol education program, he or she would be able to get a restricted license which would allow driving to and from the alcohol education class until the class has been completed. The driver can request an extension of the IID which would allow unlimited driving until completion of the class.
On a driver’s second DUI conviction, he or she would have to have an IID for twelve months. The driver would generally be eligible for a restricted license after serving a 90 hard suspension during which no driving is permitted. The IID requirement is 24 months for a DUI conviction with two priors and 36 months for a defendant’s fourth or subsequent DUI conviction. A defendant who is convicted of DUI causing injury under California Vehicle Code Section 23153 VC or Vehicular Manslaughter While Intoxicated under California Penal Code Section 191.5(b) PC would have a twelve month IID requirement on a first time conviction. The IID requirement is 24 months when the defendant has a prior DUI conviction, 36 months when there are two prior DUI convictions and 48 months when the defendant has four or more prior DUIs.
The IID device is required by the DMV and is generally not part of a defendant’s court sentence. This means that even though the sentencing judge may not mention the IID requirement, the DMV will require an IID for anyone convicted of DUI in one of the four participating counties.
Some DUI defendants may be exempt from the IID requirement. Defendants who no longer own or have access to a car and those who live in another state can file for an exemption with the DMV.
If you have been charged with DUI, it is critical that you speak with a Los Angeles DUI Lawyer right away. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how best to fight DUI charges on behalf of his clients.
For more information about the Los Angeles IID Pilot Program, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.