Ignition Interlock Devices In California
The following article will cover:
- Information about the ignition interlock device and its requirement for those convicted of DUI, including DUI marijuana.
- The process and timeline for installing the ignition interlock device.
- Information about expungement of DUI convictions in California, including the effects of a subsequent DUI within 10 years.
What Is The Ignition Interlock Device And Who Needs To Have One?
An ignition interlock device (IID) is a breathalyzer-like device connected to a vehicle’s ignition system. It prevents the car from starting unless the driver provides an alcohol-free breath sample. Typically, IIDs are required for those convicted of a DUI, including DUI marijuana convictions.
For a first-time DUI offense, the IID may be required for up to six months. The device also tests for the presence of alcohol while driving. The DMV mandates IID installation upon receiving notification of a conviction from the court.
How Long Do I Have To Get The Device Installed In My Vehicle After The Court Order Is Given To Do So?
It is recommended to have the IID installed as soon as possible after a conviction. The court sends the conviction electronically to the DMV, who then notifies the defendant by mail.
I Don’t Have A Vehicle But Occasionally Drive Rental Cars For Work. Is There Anything I Can Do Or Need To Know About This Part?
You must install an IID on any vehicle you own or have access to. However, you cannot install one on a rental car. Some people may purchase a car to install the IID, but you generally cannot drive a vehicle without an IID installed.
Can You Have A DUI Conviction Expunged From Your Record In California?
Yes, a misdemeanor DUI conviction can be expunged in California after probation is completed. While expungement used to be automatic, it now often requires a contested hearing due to objections from prosecutors. Multiple DUI convictions can be expunged, starting with the most recent and working backward.
If Your DUI Conviction Is Expunged And You Get Another DUI Later, Does The First DUI Still Matter?
Yes, if the subsequent DUI occurs within 10 years, the expunged conviction still matters. You must disclose the prior conviction if asked by a government agency, and it will remain on your record for up to 10 years for DUI-related purposes. However, for employment and non-governmental purposes, an expunged DUI conviction is not considered.
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