Chris Barsness

Ignition Interlock – First DUI

Below is a summary of California law surrounding the installation of an ignition interlock device in a vehicle after someone’s first DUI.
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Installation of Ignition Interlock—First Offense

 The amendment to CVC 13352 now provides:

  • (A) “Except when the Court has ordered installation of a functioning, certified ignition interlock device pursuant to Section 23575.3, the department shall advise the person … may apply to the department for a restricted drivers license if the person meets the following requirements:
    • i. The underlying conviction was not only for the use of drugs …
    • ii. The person … provides to the department … subsequent to the violation date of the current underlying conviction, enrollment in a DUI program …
    • iii. The person agree, as a condition of the restriction, to continue … participation in the program …
    • iv. The person does both the following:
      • a. Submits the Verification of Installation form …
      • b. Agrees to maintain the functioning, certified ignition interlock device.
    •  v. The person provides proof of financial responsibility …

    •  vi. The person pays all … fees …

    •  vii. The person pays to the department a fee sufficient to cover the reasonable costs of administering …

  •  (B) The restrictions described in this paragraph shall remain in effect …” as provided in subdivision (e) which provides until all requirements for reinstatement are met … (i.e., completion of the DUI program and an SR22)

The essence of the amendment is whereas a person convicted of a misdemeanor first time DUI offense could previously attain a restrict license with mere enrollment in a DUI class and SR22, now there is the option to either obtain a restricted immediately by installation of an interlock (voluntarily or court ordered) or forego the interlock and incur the to and from work etc. restriction without the IID under CVC 13352.4.

Please Note—At the time of this printing, Matthew Klotzbach Mandatory Ignition Interlock for DUI Offender Act of 2019., 2019 Bill Text CA S.B. 545, was introduced on February 22, 2019 and would make it mandatory for all first offenders to install the IID instead of giving them the option to forego it by getting a restricted license.

  •  • This bill would require, instead of authorize, the court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an IID for a specified period of time. The bill would delete those provisions authorizing a restricted license in lieu of an IID for first offenders.

  •  • The bill would require the department to credit any time that a person maintained a functioning IID during the period of that person’s restricted licensure, but prior to the criminal conviction, toward any term of maintaining such a device, required by law upon conviction or ordered by the court pursuant to the above-described statute.

  •  • The bill would, however, require that if a person submits a failing breath sample within the last two months of their mandatory term of maintaining an IID, the person will not receive credit for the previous two months.

  •  • The bill would also extend the operation of the law requiring IIDs until January 1, 2027, and make conforming changes to related reporting requirements.

  •  • This bill would declare that it is to take effect immediately as an urgency statute.

Additionally, though rarely ordered or justifiable the Court has discretion to prohibit the issuance of a restricted license. If under 21, and convicted of CVC 23136, 23140, 23152, or 23153, DMV will suspend the license for one year with no restrictions. In order to obtain a restricted license a critical need application must be submitted to the Court or DMV. The application is made pursuant to CVC 13202.5. In cases where the Court grants the application DMV may still refuse to issue the restricted license. In that event Counsel may have to obtain a further court order requiring DMV to follow the court’s order.