Law Requiring Ignition Interlock Devices for California DUI Passes Senate

Posted by Jon Ibanez on June 6th, 2016

On Tuesday of last week, the California Senate passed a new bill that would require all people convicted of a California DUI to have an ignition interlock device installed on their vehicle. Senate Bill 1046 will now be sent to the California Assembly for consideration.

Under a current pilot program here in California, only four counties require the installation of an ignition interlock device following a DUI conviction; Alameda, Los Angeles, Tulare, and Sacramento. A first-time DUI requires installation for five months upon eligibility to drive either with a restricted license or a full reinstatement of driving privileges. The pilot program also requires an IID for 12 months for a second-time DUI, 24 months for a third DUI, and 36 months for a fourth or subsequent DUI.

If you don’t already know, an ignition interlock device is a breathalyzer that is installed into the dashboard of a person’s vehicle. The device must be blown into before the engine can be started, but only if the breathalyzer does not detect alcohol on the breath sample. Once the vehicle is started, the breathalyzer must be blown into at random times throughout the drive.

The proposed law was introduced by Senator Jeremy Hill and, not surprisingly was overwhelmingly praised by Mothers Against Drunk Driving (MADD).

“MADD is grateful to the Senate for moving this life-saving bill forward," said MADD’s National President, Colleen Sheehey-Church. "In the coming weeks, MADD will be visiting Assembly members and calling on them to quickly pass SB 1046 to protect residents and visitors from this 100 percent preventable crime."

MADD released its “Ignition Interlock Report” compiled from data collected during the pilot program which has been running since 2010. According to the report, ignition interlock devices have prevented more than one million drunk driving attempts in California with about 125, 000 of those attempts involving a blood alcohol content of 0.08 percent or more.

However, the California DMV is also compiling a report on the effectiveness the ignition interlock devices have had on preventing drunk driving.

In fact, the California DMV previously found that such a law would not prevent people without ignition interlock devices from driving drunk. Additionally, there are ways to circumvent the requirement of providing a clean breath sample before starting a vehicle.

The cost of the interlock device can run approximately $75 to $100 for installation, about $75 per month, and often additional fees for maintenance and calibration. This is on top of the cost already associated with a California DUI conviction which can run upwards of $10,000.

If passed, first time offenders would be required to install the devices for six months, a year for a second offense, two years for a third offense and three years for a fourth or subsequent offenses.

The will be heard by several Assembly committees, including the Committee on Public Safety, and must be approved by the Assembly before it can be considered by California Governor Jerry Brown.

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