DUI | Ignition Interlock Device

Understanding DUIs and Ignition Interlock Devices (IIDs) in California: Laws and Legal Support

California has strict DUI laws designed to reduce drunk driving and enhance road safety. One of the tools frequently used to prevent repeat offenses is the ignition interlock device (IID), a breathalyzer machine installed in a vehicle. If a driver is facing a DUI charge in California, understanding IID requirements and the difference a skilled attorney like Mark Blair | Bay Area DUI Law can make is critical.

What Is an Ignition Interlock Device (IID) Breathing Machine?

An IID is a breath-testing device installed in a vehicle to prevent it from starting unless the driver provides an alcohol-free breath sample. The device measures blood alcohol concentration (BAC) and ensures the driver is alcohol free. If alcohol is detected, the vehicle will not start.

IIDs also require periodic “rolling retests” while driving to ensure the driver remains sober. Any attempt to tamper with or bypass the device is logged and reported to authorities, potentially leading to further legal consequences.

California Laws on IIDs

California has specific laws governing the use of IIDs following a DUI conviction:

• Discretionary vs. Mandatory IID Installation for DUIs:
  • First-time DUI offenders: IID installation may be required for 6 months, and if the offense involved injury (California Vehicle Code § 23153, a one year period is mandatory)
  • Second and subsequent DUI offenses: IID installation is mandatory, typically for  one year or more, depending on the number of prior convictions.
• Costs and Maintenance:
  Drivers are responsible for the costs of IID installation, monthly maintenance, and eventual removal. Costs can range from $70-$150 for installation and $60-$80 per month for monitoring.
• Avoiding License Suspension:
  Installing an IID can allow DUI offenders to continue driving, avoiding the full suspension of their license while fulfilling legal requirements.
• Reporting and Monitoring:
  IID providers must regularly report data, including any failed tests, to the Department of Motor Vehicles (DMV) or the court overseeing the DUI case.

Challenges with IID Usage

While IIDs are effective in preventing alcohol-impaired driving, they can also present challenges:

• False Positives: Certain foods, medications, or even mouthwash can trigger false positive readings, causing unnecessary complications.
• Financial Burden: The costs associated with IIDs can be prohibitive for some individuals.
• Complex Reporting Requirements: Mistakes in compliance can result in penalties or extended IID requirements.

How Attorney Mark Blair Can Help

Navigating DUI laws and IID requirements can be overwhelming. Attorney Mark Blair has extensive experience helping clients understand their obligations and minimize the impact of a DUI conviction. Here’s how he can assist:

• Evaluate the Circumstances of Your Arrest:
  Attorney Blair meticulously examines the details of a DUI case, including the legality of the traffic stop, the accuracy of BAC testing, and any procedural errors that may have occurred.
• Challenge Evidence:
  If errors in BAC testing or mishandling of evidence are identified, Attorney Blair can  challenge the evidence, potentially leading to a dismissal or reduction of charges.
• Advocate for Reduced Penalties:
  When possible, he will negotiate with prosecutors to secure reduced charges or alternative penalties, such as a wet reckless plea, which may not include mandatory IID installation.
• Guide You Through IID Compliance:
  If an IID is required, Attorney Blair can help you understand the installation and reporting process to avoid mistakes that could prolong your penalty.
• Provide Personalized Representation:
  Mark Blair takes a hands-on approach to DUI defense, ensuring that every client receives tailored advice and support. His deep understanding of California DUI laws makes him a trusted advocate for those facing these charges.

Why Choose the Law Office of Mark Blair | Bay Area DUI Law?

Mark Blair has a proven track record of successfully defending DUI cases across the Bay Area. Known for his thorough preparation and relentless advocacy, he works tirelessly to protect his clients’ rights and secure the best possible outcomes. Whether you’re dealing with first-time charges or complex repeat offenses, Attorney Blair provides the guidance and representation you need.

If you’re facing DUI charges in California and want to learn how to navigate IID requirements, contact the Law Office of Mark Blair | Bay Area DUI Law.  With Marks experience and dedication, he can help minimize the consequences of a DUI conviction and get you back on the road with confidence.

DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.