The penalties for a DUI conviction in California can be severe, and the courts have a range of punishments and sanctions at their disposal. The specific penalties that are imposed depend on the facts of each case, but here is a short list of the potential and/or certain outcomes of a drunken driving arrest and conviction:
- fines up to $1,600
- up to 6 months in jail (or probation)
- suspension of driver’s license
- mandatory DUI school
- mandatory SR-22 insurance coverage
- mandatory installation of ignition interlock device (IID)
Ignition Interlock Device
An ignition interlock device is designed to prevent someone who has been convicted of DUI from drinking and driving again. It is fastened to the dashboard or other location within the car and measures the blood alcohol content, or BAC, of the driver. Before the driver can start the car, he/she must breathe into the IID. If the driver’s BAC is within a certain range, commonly from .02% – .04%, the car will start normally. If the driver’s BAC exceeds that limit, however, the ignition interlock device will prevent the vehicle from starting.
In some states, an IID must be installed before an individual who has been convicted of multiple DUIs can have his/her full driving privileges reinstated. In California, however, anyone convicted of DUI will be ordered to install an ignition interlock device in their car. An IID must be installed even if an individual is driving with a restricted license (where the driver is allowed to drive only to certain places, such as to work or school) as a result of a DUI conviction.
Ignition interlock devices are not cheap, either. In addition to paying up to $200 to have the IID installed, a driver convicted of DUI must also pay a fee of $79 – $100 per month to rent the device, and other periodic maintenance fees as well.
Can A Driver “Trick” An IID?
A determined individual might be able to “trick” the IID or get around it, but it will not be easy. Air that is sent through the device mechanically will not achieve the desired result of a driver who is hoping to “pull one over” on the IID. Nor, necessarily, will it avail him/her to have a friend breathe into the device – often, the IID is programmed to test randomly, so a driver may be required to have his/her BAC measured more than once in a single trip. Tampering with the device is also a dubious proposition. Finally, the specter of additional penalties for even attempting to do any of these things might deter a would-be cheater.
A DUI lawyer should be your first call if you are pulled over for DUI. Your DUI lawyer has experience in this area of the law and can help you make careful and informed decisions as your case is processed. If, in the end, you are ordered to install an IID, your DUI lawyer may suggest that such a penalty, though costly and irritating, might be a wise investment for a DUI-free future.
Christopher McCann is a Santa Ana DUI Attorney. McCann is a practicing lawyer at the law offices of Christopher J. McCann and generally writes on topics related to criminal defense and DUIs. McCann was voted as a “Rising Star Attorney” in 2010 by Southern California SuperLawyers Magazine.