New DUI Laws for Ignition Interlock Device in 2017

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The new DUI laws for 2017 will extend the current Ignition Interlock Device pilot program created in 2010 in the California counties of Alameda, Los Angeles, Sacramento and Tulare for two more years. Then, beginning January 1, 2019, the IID program will be implemented statewide.

The ignition interlock device pilot program established by the Department of Motor Vehicles continues through July 1, 2017. It was established on July 1, 2010. The existing law governing the ignition interlock device program is “in the Counties of Alameda, Los Angeles, Sacramento, and Tulare that requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated …a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates.” [1]

California DUI Laws

In California, Vehicle Code §§ 14601.2, 23556, Vehicle Code §§13352(a) and 23575(f)(1) provides that “the court may require that a person convicted of a first DUI offense install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with BAC of 0.15 percent or more, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed 3 years from the date of conviction.” [2]

Ignition Interlock Device

What is an Ignition Interlock Device? According to California’s Department of Motor Vehicle website, an Ignition Interlock Device or IID as it is known is, “larger than a cell phone and is wired to your vehicle’s ignition.” It is easily installed in a vehicle and takes only a short period of time to install. It functions by requiring you to breathe into the machine prior to the engine starting. “If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.” [3]

A new bill, “SB-1046 Driving under the influence: ignition interlock device (2015-2016)” extends the pilot program for the device in the aforementioned counties through January 1, 2019. The amount of time the ignition interlock device is required to be installed in the vehicle(s) corresponds directly with the prior number of convictions.

SB-1046 states that beginning January 1, 2019, (and through January 1, 2026), someone with a suspended license as a result of driving under the influence that is “eligible for a restricted driver’s license without serving any period of the suspension if the person meets all other eligibility requirements and the person installs an ignition interlock device. The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspension and would require the individual to receive credit towards the mandatory term to install an ignition interlock device, as specified. The bill would require the department to immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification that a person has engaged in certain activities, including, among others, attempted to remove, bypass, or tamper with the ignition interlock device.” [1]

“This new law is a positive step forward to help slow the revolving door of unlicensed, uninsured drunk drivers who continue driving at the public’s peril,” said David Kelly, Executive Director of CIIM. [4]