When Ignition Interlock Devices are Ordered
Ignition interlock devices operate similarly to breathalyzers during a DUI / DWI investigation. Generally, the driver will breathe into a tube and the device will measure the breath alcohol content (BAC) of the driver. Some devices are set to tolerate a low BAC that is below the legal limit for driving. However, in most cases, the device will be set to prevent a car from starting when there is any trace of alcohol at all. This is largely due to the fact that in most cases of people using ignition interlock devices they are repeat offenders.
California has been leading the way in the use of the ignition interlock devices. DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence. This is the legislature’s effort to both punish repeat offenders, and also to keep them sober when they are on the road.
Judges have the discretion to order the installation of the ignition interlock device such as that offered by smart start of california in the car of any drunk driving offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, he or she may order the mandatory installation of the ignition interlock device. A California DUI / DWI lawyer will make sure that the ignition interlock device is ordered only when appropriate. The device is often ordered when blood alcohol content (BAC) levels are .15 percent or greater.
Prosecutors also have discretion with respect to recommending the ignition interlock devices. Many times a DUI / DWI attorney representing someone accused of driving under the influence of alcohol or driving while intoxicated will enter into negotiations with the prosecutor. This is known as the plea bargain process. The prosecutor may agree to lesser charges or to a shorter sentence or perhaps to electronic monitoring if the driver also agrees to use the ignition interlock device. The device is meant to provide the state with assurances that there will be no repeat instances of drunk driving by this offender.
Ignition interlock devices are now commonly used in California DUI / DWI cases. A California criminal defense attorney can determine whether an ignition interlock device is a good idea for the offender according to the facts of an individual case. There are some cases where the ignition interlock option may not be made available. Other times it is a worthwhile option that can take a bit of the sting out of a driving under the influence conviction.
