Friday, January 2, 2015

Ignition Interlock Device (IID): A Breath Machine For Your Car

As an Orange County DUI Lawyer I receive a lot of calls from people who are confused
about want an Ignition Interlock Device is and who is required to have one. So
let me clear up some of that confusion here. An Ignition Interlock Device,
called an “IID” for short, is a breath-testing device that is installed in a
vehicle. The IID requires a breath sample BEFORE it will enable a vehicle to
start. It the IID detects any alcohol in the breath sample, the IID will NOT
allow the vehicle to start. Moreover, the IID may require additional breath
samples while the care is being driven. If the samples are not free of alcohol,
the vehicle may become disabled and law enforcement will be notified.




The IID is a
tool used by judges in the Orange County courts who handle DUI cases. A judge
can order that someone convicted of a
DUI install and maintain this IID for the term of their
probation. In most cases the judges in Orange County have discretion in
deciding to order a defendant to install an IID. A defendant’s
Orange County DUI attorney can also use the IID as a bargaining chip when
negotiating a sentence for their clients convicted of DUI. In some cases, such
as where a defendant drives on a suspended license after a DUI, the judge MUST
order a defendant to install an IID. Also, in some counties, such as Los
Angeles, a judge must require everyone convicted of a DUI to install the
device.
In Orange County
the judges retain most of their discretion. Judges here will usually not
require an IID for a first-offense DUI or someone who pleads guilty to a
wet reckless. Judges are more inclined to order
an IID in cases of a
refusal, DUI with injury, DUI
with injury
, or a
DUI with prior offenses. When the judge does order the installation of an IID
it is the defendant who must pay the costs of installing, maintaining, and
removing the IID.
If you face
charges for a DUI call The Law Offices of EJ Stopyro at (949) 559-5500 today for a free and
confidential consultation with an experienced
DUI Lawyer in Orange County. You can also get more information about your charges
by going to
www.ejesquire.com. We have
offices at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano,
CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

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