The Ignition Interlock Device (IID) acts like a breathalyzer for your car. The device requires the driver to provide a clean (alcohol-free) breath sample in order to start and continue operating the vehicle. An IID can be a hassle but it allows individuals arrested for and/or convicted of a DUI to be able to continue driving instead of facing a suspended license.
The purpose of the IID program is to reduce drunk driving. According to the state of California, studies show that IIDs, combined with comprehensive monitoring and service, leading to a significant reduction in repeat drunk driving offenses when the IIDs remain on the vehicles.
If you were arrested or charged with a DUI in Dublin or Alameda County, talk to an experienced East Bay DUI defense lawyer about your options and how you can get your driving privileges back as soon as possible. The most direct way to keep your driving privileges is to avoid a conviction in the first place.
IIDs in Alameda County After a DUI
IIDs have been part of a pilot program in Alameda County since 2010. Four counties in California (including Alameda County), required IIDs for all first-time and repeat DUI offenses. Starting in 2019, the program was expanded statewide.
When a driver is convicted of a DUI, the driver can immediately seek to have their driving privileges reinstated once they have an IID installed. Previously, drivers had to wait out a mandatory suspension period. Now, drivers can keep driving as soon as an IID is installed that restricts driving based on alcohol-free breath tests.
After installing the IID, the installer will provide the driver with a Verification of Installation Ignition Interlock (DL 920) form. The driver must then bring the original DL 920 and all applicable fees in person to the nearest DMV office. You will also be required to enroll in Dui school and have an SR 22 proof of insurance filing in place. If all requirements are met, DMV will place you on an IID restriction with unlimited driving privileges as long as you drive a vehicle equipped with an IID.
An IID is installed on the steering column of the driver's vehicle. If the driver has access to multiple vehicles, an IID may be required on multiple vehicles. Before the ignition can start the car, the IID requires an alcohol-free breath sample. If the device registers alcohol, it will record the failed test and the vehicle cannot be started and the driver will have to wait to resubmit a breath sample.
After starting and while operating, the device will require additional breath samples, or “rolling samples.” The driver has about 6 minutes to provide a rolling sample, which gives the driver time to pull over, if necessary. Any failed tests will be recorded and reported when the driver brings the device in for calibration.
IID Restricted License for 1st Time and Multiple DUIs
Most DUI convictions involving alcohol will require an IID to be able to drive, based on the following restricted license periods:
- First offense DUI: 6-month IID
- Second offense DUI: 1-year IID
- Third offense DUI: 2-year IID
- Fourth or subsequent offense DUI: 3-year IID
The driver is responsible for the cost of installation and maintenance of the IID. An IID can cost about $60 to $80 a month for maintenance, and the driver may have to bring in the device for regular maintenance, testing, and calibration of the device. Generally, drivers are required to have the device serviced every 60 days.
There are a number of places where drivers can get an approved IID device installed. To find a certified installer, drivers can visit the DMV's website for a list of IID manufacturers. There may be financial assistance available for drivers who cannot afford the cost of an IID installation and maintenance.
If you do not own a car, you may be able to qualify for an exemption from the IID requirement. This requires the individual to submit a signed Exemption for Ignition Interlock Device form (DL 4055B), certifying the individual:
- Does not own a vehicle.
- No longer has access to a vehicle at their place of residence.
- No longer has access to the vehicle used when the DUI offense occurred.
Can't I Just Bypass the IID?
The internet is full of “tricks” to try and bypass an IID test. Most of these tips or tricks do not work and can result in getting a failed reading or record the driver is trying to tamper with the test.
An IID requires initial clean breaths and multiple “rolling” breaths. Any breaths that test positive for a minimal amount of alcohol will be logged. Any attempts to tamper with or bypass the IID will also be recorded.
If the IID records any tampering, bypassing, or attempting to remove the device, the driver may have his or her suspension immediately reinstated. Violations may also result in additional penalties.
Dublin DUI Lawyer
East Bay attorney Lynn Gorelick has more than 35 years of DUI experience and understands the consequences for drivers after a DUI arrest. Representing drivers in Dublin and the East Bay, Lynn Gorelick is familiar with the local DUI laws, and the local officers and prosecutors involved. Contact East Bay DUI lawyer Lynn Gorelick today for help in handling a DUI or driving on a suspended license.