The majority of states, including California, require the installation of a Breath Alcohol Ignition Interlock Device (BAIID) after certain types of convictions. Such a device requires a breath sample before the vehicle will start and the engine will not engage if alcohol is detected. With 50-75% of all convicted drunk drivers[1] continuing to drive on a suspended license, the installation of an ignition interlock device can save countless lives, especially in light of the International Council on Alcohol, Drugs and Traffic Safety[2] statement that repeat drunk driving is reduced by 40-95% with the proper installation of such devices.
California Pilot Program
If you are a resident of Los Angeles County, you may have heard of the breathalyzer pilot program established by §23700 of the California Vehicle Code[3]. The program provides that drivers convicted of a first DUI offense in Los Angeles, Alameda, Tulare, and Sacramento counties, are required to have breathalyzer devices professionally installed for a period of five months or for a period of one year if the DUI resulted in an injury in accordance with Vehicle Code §23153. This requirement applies regardless of where the driver resides. If you reside in Butte County, in Northern California, for example, but you are driving through Los Angeles County, in Southern California over the New Year's holiday while under the influence where you are convicted of a DUI, you are required to have an ignition interlock device installed.
BAIID Facts for Ventura County Drivers
Outside of the California pilot program, you can still be court ordered to install a breathalyzer in your vehicles including convictions pursuant to the following statutes:
- Vehicle Code §23153: DUI causing injury;
- Vehicle Code §14601.1: Driving with a suspended license;
- Vehicle Code §23152(b): Driving with a blood alcohol content of .08 or higher;
- Vehicle Code §14601.2: Driving with a suspended or revoked license for a DUI conviction.An experienced DUI defense attorney will be familiar with all of the California Vehicle Code statutes that can trigger the requirement for the professional installation of an alcohol ignition interlock device. If you have been arrested or charged with a California DUI, you should be aware of some breathalyzer facts:
-
Device Technology: An IID reads an individual's blood-alcohol content (BAC) before allowing the vehicle to start. If the driver's breath sample is free of alcohol, the vehicle will start.
- Random Testing: In the state of California, the device will request breath samples from the driver at periodic intervals. If alcohol is detected, a report is provided to the Judge assigned to your case. The manner in which the device is manufactured assures that only the driver can reach the device to offer a breathing sample thereby preventing passengers from offering an alcohol free sample.
- Device Recordings: In addition to breath samples, an ignition interlock device also records if or when individuals tamper with or disconnect the device so that all relevant information can be provided to the Judge.
Contact One of Our Ventura or Pasadena DUI Defense Attorneys at the Kann California Defense Group
If you are arrested or charged with driving under the influence, you need to call our team of experienced Century City or Encino DUI defense attorneys at the Kann California Defense Group as soon as possible. A DUI conviction carries with it many serious consequences, the least of which is the installation of an ignition interlock device, and you need a skilled Los Angeles DUI defense attorney to fight for you at every step of your case. Call today for a free consultation and to determine which defenses apply to your case. Call our toll-free number 888-744-7730 or use our online contact form.
References
[1] Mothers Against Drunk Driving
[2] International Counsel on Alcohol, Drugs, and Traffic Safety
[3] California Vehicle Code Section 23700
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