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How California Ignition Interlock Requirements Apply to DUI Cases

How California DUI IID Requirements Work

An ignition interlock device tests breath before a car starts. California DUI IID requirements tie the device to many DUI convictions. The main rules sit in one Vehicle Code section.

The term depends on the conviction and the prior record. So two people can face very different interlock periods.

The Statute

Vehicle Code section 23575.3 requires the court to notify certain convicted drivers that they must install a certified device on any vehicle they operate. The DMV then informs the person of the term. Its records reflect the mandatory use of the device.

The section applies to convictions for offenses on or after January 1, 2019. It also says a device does not allow driving without a valid license.

California DUI IID Requirements by Prior Record

For a first offense with no priors under section 23152, the section lists options. The court may order a device for up to six months, or the person may apply for a restricted license under related sections. Only one of those options may occur.

With one prior, the term is 12 months. With two priors, it is 24 months. Three or more priors bring 36 months. Injury cases under section 23153 carry their own terms.

Service and Monitoring

The section requires service by the installer at least once every 60 days. The installer must notify the DMV if the device is removed or shows tampering. It must also report three or more failures to comply with maintenance or calibration.

In addition, any period of noncompliance does not count toward the term. Therefore, missed service can extend the requirement.

Costs and Fee Schedules

Section 23575.3 requires device makers to offer a fee schedule tied to income compared with the federal poverty level. So people with lower incomes may pay reduced costs. Ask the installer about that schedule before signing.

Driving Without a Device

Driving without a required device can bring new problems. For example, Vehicle Code section 14601.2 bars driving outside the terms of a restricted license. The DMV DUI page also explains interlock and restriction options.

The article on IID installation California steps covers the setup. Meanwhile, the guide on California IID removal rules explains how the term ends, and the article on California IID exemptions covers limited exceptions.

California DUI IID requirements also apply to vehicles a person does not own. The statute defines operating to include those vehicles, so borrowed cars count too.