California Vehicle Code Section 23700 goes into effect July 1, 2010 requiring an Ignition Interlock Device to be installed on all vehicles owned or operated by a driver who has received a DUI in Alameda, Los Angeles, Sacramento, and Tulare Counties.
The ignition interlock device must be installed on first offense DUI for 5 months. Second offense DUI convictions require installation for 12 months. A third offense DUI must install an ignition interlock device for 24 months. For a fourth offense, the law requires a 36 month installation.
Exceptions to the ignition interlock device requirements are contained in California Vehicle Code Section 23578 which states that if a person is required to operate a vehicle in the course and scope of business, and the vehicle is owned by the employer, the employer has been notified of the DUI, then that vehicle does not require an ignition interlock device.
There are also exemptions contained in Vehicle Code Section 23700(a)(8). If a person does not own a vehicle, does not have access to a vehicle,and no longer has the vehicle driven at time of arrest, a person can acknowledge that if they ever do obtain any of the above, they must then install the ignition interlock device.
By the sunset of this program in 2015, all counties will have these same requirements.
If you have any questions regarding your DUI matter and whether this new law applies to your case, contact Southern California DUI and Criminal Defense Lawyer Scott D. Hughes to discuss your matter at 714-423-6928.
Scott Hughes is a criminal defense lawyer in Newport Beach, California practicing in State and Federal Court.