California State Laws and IID Requirements
ADS is an approved ignition interlock device provider in California, where many DUI offenders are required to install an IID to regain driving privileges. California allows the ADS Determinator I and the ADS Determinator II devices. California considers anyone with a blood alcohol content (BAC) of .08 percent or more to be a DUI offender. Offenders have their license confiscated immediately per California’s Administration License Revocation (ALR) rules if: Their BAC is .01 percent during DUI probation Their BAC was .04 percent or more when driving a commercial vehicle Their BAC was .08 percent or more while driving a regular vehicle They refuse a breath test While many offenders have their license confiscated, they can regain driving privileges by applying for a restricted driver’s license from the California DMV. Installing an ignition interlock device is typically required to get a restricted license.
Ignition Interlock Guide for California
In California, driving culture is predominant. The number of drivers on the road is high and intoxicated drivers are a danger to everyone else. The legal BAC (blood alcohol content) in California is .08 percent, and offenders found to be driving at or above that limit are subject to fines, license suspension, and other penalties. Some offenders may be eligible to regain their driving privileges with a restricted license after installation of an ignition interlock. The offender will need to install an ignition interlock device from an approved provider. This guide will explain how the ignition interlock device (IID) process works in California.
What Are the Penalties for a DUI in California?
First Offense
- License suspended for up to four months
- Must install an ignition interlock for six months
- $390 to $1,000 in fines
- 48 hours to six months in jail
- Three-year term of informal probation
- During probation, required to attend a three-month DUI school or alcohol treatment class
Second Offense
- Two-year criminal license suspension plus 12-month administrative license suspension, though the suspensions may overlap
- Must install ignition interlock for 12 months
- $390 to $1,000 in fines, plus additional penalties
- 96 hours to one year in jail (with possibility for house arrest or jail alternative work program)
- Three-year term of informal probation
- During probation, judge will assign an 18 or 30 month DUI class (which class is up to the judge to determine)
Third Offense
- Three-year criminal license suspension plus 12-month administrative license suspension, though the suspensions may overlap
- Must have an ignition interlock device for two years
- $390 to $1,000 in fines, plus additional penalties
- 120 days to one year in jail (or 30 days in jail plus 30-month DUI school if probation is granted)
- Three to five years of informal probation, with a 30-month DUI school requirement that could be added at the judge’s discretion
DUIs that involve injury may be charged as a misdemeanor or felony, depending on the circumstances. Consequences are more severe for felony DUI incidents, and include higher financial penalties, more jail time, and other penalties.
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What are the Penalties for Failure to Complete or Refuse to Submit to an DUI Test in California?
First Test Refusal
- One year license suspension
Second Test Refusal (within 10 years)
- Two year license revocation
Third Test Refusal (within 10 years)
- Three-year license revocation
How Can I Regain Driving Privileges in California?
Some offenders may be able to regain their driving privileges with a restricted driver’s license with an ignition interlock device. This license requires the offender to install an ignition interlock device from an approved provider. They also have to meet the following criteria:
- Finish any outstanding suspensions or clear any revocations on their driving record
- Visit an approved IID provider and have the device installed, then provide the DMV with the paperwork to verify installation
- Must show a Proof of Enrollment Certificate or Notice of Completion Certificate corresponding to the alcohol dependency program they are enrolled in, if required
- Show certificate proving they have SR-22 insurance
- Pay application fee and any other required administrative fees
- People who refuse a BAC test are not eligible
- Offender must be 21 years old at time of offense
- If granted, drivers must obey the restrictions of the license
ADS Interlock Devices in California
ADS is an approved provider in California, meaning that our devices meet all state criteria and can be used to fulfill a mandated IID requirement.
What is an Ignition Interlock Device?
An interlock device is a small device installed in your vehicle that:
- Does not allow the driver to start the car until they pass a BrAC test
- Requests random tests during each trip to help ensure sobriety is continuous
How Long is a CA Interlock Device Required?
The court and the statute determines how long an IID is required. This will be clarified at sentencing.
The Cost of Interlock Devices in California
Offenders in California are required to pay the cost of their own device, although financial assistance is available to qualified offenders. The devices typically cost $2.50 to $3.50 per day to lease.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.