Authorized and Mandatory Installation of Ignition
Interlock Device
(a) (1) In addition to any other provisions of law, the
court may require that a person convicted of a first offense
violation of Section 23152 or 23153 to install a certified
ignition interlock device on any vehicle that the person
owns or operates and prohibit that person from operating
a motor vehicle unless that vehicle is equipped with a functioning,
certified ignition interlock device. The court shall give
heightened consideration to applying this sanction to a
first offense (1) violator with 0.20 percent or more, by
weight, of alcohol in his or her blood at arrest, or with
two or more prior moving traffic violations, or (2) to persons
who refused the chemical tests at arrest. If the court orders
the ignition interlock device restriction, the term shall
be determined by the court for a period not to exceed three
years from the date of conviction. The court shall notify
the Department of Motor Vehicles, as specified in subdivision
(a) of Section 1803, of the terms of the restrictions in
accordance with subdivision (a) of Section 1804. The Department
of Motor Vehicles shall place the restriction in the person's
records in the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation
of Section 14601.2 to install an ignition interlock device
on any vehicle that the person owns or operates and prohibit
the person from operating a motor vehicle unless the vehicle
is equipped with a functioning, certified ignition interlock
device. The term of the restriction shall be determined
by the court for a period not to exceed three years from
the date of conviction. The court shall notify the Department
of Motor Vehicles, as specified in subdivision (a) of Section
1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records
in the Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction
or violation submitted to the Department of Motor Vehicles
under Section 1803 or 1816, the requirement and term for
the use of a certified ignition interlock device. The records
of the department shall reflect mandatory use of the device
for the term ordered by the court.
(c) The court shall advise the person that installation
of an ignition interlock device on a vehicle does not allow
the person to drive without a valid driver's license.
(d) A person whose driving privilege is restricted by the
court pursuant to this section shall arrange for each vehicle
with an ignition interlock device to be serviced by the
installer at least once every 60 days in order for the installer
to recalibrate and monitor the operation of the device.
The installer shall notify the court if the device is removed
or indicates that the person has attempted to remove, bypass,
or tamper with the device, or if the person fails three
or more times to comply with any requirement for the maintenance
or calibration of the ignition interlock device. There is
no obligation for the installer to notify the court if the
person has complied with all of the requirements of this
article.
(e) The court shall monitor the installation and maintenance
of any ignition interlock device restriction ordered pursuant
to subdivision (a) or (l). If a person fails to comply with
the court order, the court shall give notice of the fact
to the department pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if a person is convicted
of a violation of Section 23152 or 23153, and the offense
occurred within 10 years of one or more separate violations
of Section 23152 or 23153 that resulted in a conviction,
the person may apply to the Department of Motor Vehicles
for a restricted driver's license pursuant to Section 13352
that prohibits the person from operating a motor vehicle
unless that vehicle is equipped with a functioning ignition
interlock device, certified pursuant to Section 13386. The
restriction shall remain in effect for at least the remaining
period of the original suspension or revocation and until
all reinstatement requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor
Vehicles shall immediately terminate the restriction issued
pursuant to Section 13352 and shall immediately suspend
or revoke the privilege to operate a motor vehicle of a
person who attempts to remove, bypass, or tamper with the
device, who has the device removed prior to the termination
date of the restriction, or who fails three or more times
to comply with any requirement for the maintenance or calibration
of the ignition interlock device ordered pursuant to Section
13352. The privilege shall remain suspended or revoked for
the remaining period of the originating suspension or revocation
and until all reinstatement requirements in Section 13352
are met.
(g) A person whose driving privilege is restricted by the
Department of Motor Vehicles pursuant to Section 13352 shall
arrange for each vehicle with an ignition interlock device
to be serviced by the installer at least once every 60 days
in order for the installer to recalibrate the device and
monitor the operation of the device. The installer shall
notify the Department of Motor Vehicles if the device is
removed or indicates that the person has attempted to remove,
bypass, or tamper with the device, or if the person fails
three or more times to comply with any requirement for the
maintenance or calibration of the ignition interlock device.
There is no obligation on the part of the installer to notify
the department or the court if the person has complied with
all of the requirements of this section.
(h) Nothing in this section permits a person to drive without
a valid driver's license.
(i) The Department of Motor Vehicles shall include information
along with the order of suspension or revocation for repeat
offenders informing them that after a specified period of
suspension or revocation has been completed, the person
may either install an ignition interlock device on any vehicle
that the person owns or operates or remain with a suspended
or revoked driver's license.
(j) Pursuant to this section, an out-of-state resident
who otherwise would qualify for an ignition interlock device
restricted license in California shall be prohibited from
operating a motor vehicle in California unless that vehicle
is equipped with a functioning ignition interlock device.
An ignition interlock device is not required to be installed
on any vehicle owned by the defendant that is not driven
in California.
(k) If a person has a medical problem that does not permit
the person to breathe with sufficient strength to activate
the device, then that person shall only have the suspension
option.
(l) This section does not restrict a court from requiring
installation of an ignition interlock device and prohibiting
operation of a motor vehicle unless that vehicle is equipped
with a functioning, certified ignition interlock device
for a (3) person to whom subdivision (a) or (b) does not
apply. The term of the restriction shall be determined by
the court for a period not to exceed three years from the
date of conviction. The court shall notify the Department
of Motor Vehicles, as specified in subdivision (a) of Section
1803, of the terms of the restrictions in accordance with
subdivision (a) of Section 1804. The Department of Motor
Vehicles shall place the restriction in the person's records
in the Department of Motor Vehicles.
(m) For the purposes of this section, "vehicle" does not
include a motorcycle until the state certifies an ignition
interlock device that can be installed on a motorcycle.
Any person subject to an ignition interlock device restriction
shall not operate a motorcycle for the duration of the ignition
interlock device restriction period.
(n) For the purposes of this section, "owned" means solely
owned or owned in conjunction with another person or legal
entity. For purposes of this section, "operates" includes
operating vehicles that are not owned by the person subject
to this section.
(o) For the purposes of this section, bypass includes,
but is not limited to, either of the following:
(1) Any combination of failing or not taking the ignition
interlock device rolling retest three consecutive times.
(2) Any incidence of failing or not taking the ignition
interlock device rolling retest, when not followed by an
incidence of passing the ignition interlock rolling retest
prior to turning off the (4) vehicle's engine.
Amended Sec. 21, Ch. 756, Stats. 1998. Effective January
1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23246 Sec. 27, Ch. 22, Stats.
1999. Effective May 25, 1999.
Amended Sec. 11, Ch. 1064, Stats. 2000. Effective September
30, 2000.
Amended Sec. 23, Ch. 473, Stats. 2001. Effective January 1,
2002.
Amended Sec. 18, Ch. 550, Stats. 2004. Effective January 1,
2005. Operative September 20, 2005.
Amended Sec. 202, Ch. 22, Stats. 2005. Effective January 1,
2006.
The 2005 amendment added the italicized material, and at the
point(s) indicated, deleted the following:
1. “violators”
2. “of”
3. “persons”
4. “vehicles's engine off”
