California Vehicle Code Section 23247 VC makes it unlawful for anyone to try and bypass the ignition interlock device (IID) for drivers with a license restriction. Drivers who are arrested for driving under the influence (DUI) are generally given the chance to get their license back with an IID restriction. Trying to get around using the IID or having others help to avoid using the IID is a misdemeanor, and could lead to jail time and fines.
If you have an IID restricted license and were accused of tampering with or bypassing the IID under 23247 VC, contact a local East Bay DUI defense lawyer as soon as possible.
Vehicle Code 23247 VC Text
Under California Vehicle Code Section 23247, it is unlawful to interfere with the use and operation of an ignition interlock device. This includes:
- Rent, loan, or lease a motor vehicle to someone with an IID restriction unless the vehicle is equipped with an IID. The restricted driver is also required to notify such a person about their driving restrictions.
- Ask another person to blow into the IID to start a vehicle.
- Blow into a restricted driver's IID to start the vehicle.
- Remove, bypass, or tamper with an IID.
- A restricted driver is prohibited from operating a vehicle not equipped with a functioning IID.
Penalties for an IID Violation
The penalties for an IID violation include imprisonment in the county jail for up to 6 months, and a fine of up to $5,000. However, for the person with the restricted license, an IID violation can mean losing your limited driving privileges. Upon a conviction, the DMV will be notified that the driver's privileges will be suspended or revoked until all reinstatement requirements are met.
Blowing Into Another Driver's IID
Trying to blow into another driver's IID is a common way people attempt to bypass the device to start the car. Not only is this illegal but it is a bad idea. First, it is not a good idea to help a driver who has consumed alcohol get into a car and drive, in violation of their probation, IID restrictions, and California DUI laws. The driver can get a ride, call a Lyft or Uber, or wait to sober up before driving. Helping someone drink and drive could lead to a serious accident and injury to the driver, passengers, and others.
Another reason you should reconsider blowing into someone else's IID is that some of the devices are equipped with a camera. The camera will be able to identify the individual driving and if it was anyone else who blew into the device. Evidence of having someone else blow into the IID could mean a loss of your IID restricted license and additional penalties.
Tricking the IID
Many drivers who get an IID immediately start to think of ways to “trick” the device. Friends of the IID drivers may be the worst offenders, offering amateur-expert advice, based on “a guy I know,” or a youtube video they saw. Most of these tricks to bypass the device do not work. Trying to tamper with or trick the IID could be registered by the report and reported during the next calibration or required maintenance. Here is a list of “tricks” that do not work:
- Drinking coffee before blowing a breath
- Chewing gum or eating a mint before blowing a breath
- Using a balloon to blow into the device (camera, temperature, and humming requirements may catch this “trick”)
- Disconnect the IID
- Put a penny in your mouth when blowing a breath
- Jumping the car or bump starting a manual (IID may register it and GPS in the IID may give you away)
Defense Strategies for an IID Violation
Just because you were accused of violating the IID restrictions does not mean that you have to lose your license or face additional criminal charges. The IIDs are not perfect. They can malfunction and register as tampering even if the driver never intended to tamper with the device. Unfortunately, the police, prosecutor, and IID installer are more confident in the devices than they should be.
Your California criminal defense attorney can review the evidence and use expert testimony to show that the device may have malfunctioned, the device incorrectly measured the driver's breath, or the driver never intended to violate the IID restriction laws.
Defense Lawyer for 23247 VC Charges in Alameda and Contra Costa Counties
After a DUI, it may seem like things can't get worse. However, an IID violation while having limited driving restrictions will take away that option and you'll be left without a license. East Bay attorney Lynn Gorelick has more than 35 years of DUI experience, and understands the consequences of a DUI for California drivers, including failed IID tests and IID violations. Representing drivers in Alameda County and Contra Costa County, Lynn Gorelick is familiar with the local DUI laws, local officers, and the prosecutors involved. Contact East Bay DUI lawyer Lynn Gorelick today.