The Law Offices of Paul S. Geller, P.C

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The Law Offices of Paul S. Geller, P.C

An ignition interlock device is a device that is installed in a vehicle that is used in order to actually allow the vehicle to turn on.  The operator in the driver’s seat has to blow into the device like any other type of breath machine or breath device. It is similar to the breath device that’s used in the field to make sure that there is no alcohol in a person’s system. It will therefore allow the vehicle to start. It’s being used and ordered by the courts for in various ways: bail or release conditions, probation violations, and upon sentencing. The laws have changed and are constantly changing regarding these requirements, and every county, let alone courts within counties, are different.

As for the device and how it operates, the purpose of the device is so that the person getting behind the wheel does not have any alcohol in their system. There are also some triggering factors in the device that require the person driving to pull over every 15 or 20 minutes and retest to ensure that he or she is not drinking while driving.

What Changes Were Made In 2019 In Regard To Ignition Interlock Device In California?

In California, prior to 2019, there were some pilot program counties that were requiring an ignition interlock device on any first time DUI case conviction from court.  It was also then required statewide for any second time DUI.  In 2019, the law changed. There are still a lot of twists and turns with that and they’re changing constantly.  For now, it is not necessarily required by the courts on a first time DUI as it was during the pilot program. A person could decide not to have the ignition interlock device installed regardless of whether it’s from a court conviction or DMV suspension. However, by not installing the device, the driver can suffer a longer suspension of the license and or restriction period. Of course, those requirements become more complicated and interrelated with additional court requirements than from the Department of Motor Vehicle procedures.  If the person has other convictions, and/or other aggravating circumstances, that too can complicate things even further. The law is extremely complicated and there are also time frames in which the person cannot drive at all.

How Do I Know If I Need To Have An Ignition Interlock Device Installed In My Vehicle?

If you are unsure as to whether you need to have an ignition interlock device installed in your vehicle, there are two things that you can do: 1) you should call a lawyer that is well-versed in this area of law and talk to them about it. You can share your background and tell them about your conviction or convictions. Talk to them about it, and let the lawyer walk you through the process. 2) you can also call the Department of Motor Vehicles mandatory licensing unit in Sacramento. They can give you some guidance.

How Long Will I Have To Get An Ignition Interlock Device Installed In My Vehicle?

The length of time that a person has to have an ignition interlock device installed in their car is dependent upon their record. Quite frankly it depends on whether it is a first time DUI, a second time DUI, or a third time DUI. It also changes if it is a manslaughter case, if there was a refusal, or if a person was killed from an accident. The length of time in which a person has to have the ignition interlock device installed in their car is very dependent upon the circumstances of that particular individual. The only way to navigate those waters properly is to have an attorney help and assist with going over your record thoroughly.

What If I Don’t Plan On Driving During My DUI License Suspension?

If you do not plan on driving during your DUI licenses suspension, there is a form that can be submitted to the court, assuming that it’s a suspension from a court conviction. You can tell the court that you do not own, use, or have access to a vehicle, and therefore do not have to have the ignition interlock device installed. I have seen instances when the person wants to drive their vehicle, and the Department of Motor Vehicles has made a requirement that they would have to have the ignition interlock device installed. However, that is something that should be explored with an attorney after a full examination of the person’s record, and perhaps a discussion with mandatory licensing as to whether that is truly required or not. But again, it becomes a complicated area that should be examined on a case by case basis with a lawyer that understands the area.

For more information on Ignition Interlock Device In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 714-3112 today.

Paul S. Geller

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(626) 714-3112

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