Ignition Interlock Device for a drunk driving conviction

Question: Do I have to get an Ignition Interlock Device for a drunk driving conviction?  I was arrested for drunk driving a couple weeks ago and there are a lots of things going through my head about it.  One of the things is, if I am convicted of drunk driving will I have to get an Ignition Interlock Device put on my car?  I am hoping not to advertise to others that I was arrested, but if I get an Interlock Device I guess the cat will be out of the bag so to speak…

Answer: This is a good question that I get regularly, and one where the answer can change over time as the statute (ie. law) that controls this has been getting changed and updated fairly regularly since 2010.  I highly recommend that you call me to discuss this further should you have any questions about it to get up to date information.

But, as of now, it is not required to get an Ignition Interlock Device if convicted of a first offense DUI.  There are options including getting a work restricted driver license which allows you to drive to and from and for work purposes as well as to and from any alcohol treatment program(s), therapy or counseling.

A lot of attorneys are not always up to date on the current laws as they pertain to DUI’s and Ignition Interlock Devised.  To give you an indication of the history, in July 1, 2010, anyone convicted of a DUI by VC 23152 or VC 23153 in one of the following counties; Counties of Alameda, Los Angeles, Sacramento, and Tulare, was mandated by the DMV to Install an IID device on each car they own for a time frame which varies depending on whether this is a 1st offense DUI, 2nd Offense DUI, 3rd Offense DUI, etc.

During the IID restriction period, the person affected by this pilot program could NOT legally drive a car unless that car was fitted with a certified IID device.  For a first offense DUI, that is no longer the case as stated above.  If you have a second DUI, Third DUI, or Fourth DUI (etc), that is not the case and an Ignition Interlock Device is required.

Phil Hache,

Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena, CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts.