California Since January 1, 2019, interlocks are required for all repeat offenders. From 2006 to 2020 in California, interlocks stopped 298,401 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 28,078 attempts to drive drunk in 2020.
Grade: F (13/100) California’s repeat offender law is a model for other states, but the state fails to utilize these lifesaving devices for all first-time offenders. MADD calls on the state to enact an all-offender interlock law like most of the country.
Why does MADD not call the law all-offender? First-time offenders can obtain a time/route restricted license 30 days
after revocation without using an interlock. Process to obtain an ignition interlock 1. Contact the California DMV to enroll in a DUI program per license suspension requirement. 2. Complete the DMV Form 44 as part of the reinstatement process. 3. Get proof of financial accountability (SR-22). 4. Resolve outstanding balances and pay all of your fines. 5. Schedule an appointment to have an interlock device installed. 6. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation
Eliminate the option to obtain a route/time
Offender’s choice between using an interlock for 6 months upon conviction or receiving a 1 year license suspension with the possibility of route-restricted non- interlock driving privileges after 30 days
First offense
Upon conviction
restricted license in lieu of an interlock license during a license suspension. Additionally, allow for the use of interlocks for any refusal
Second offense
Upon arrest
12 months
First refusal
Interlocks not available for first-time refusals
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes If at any time during the person’s restriction period that the DMV receives notification from the installer of a recordable v iolation, the DMV will “pause” the restriction. The person will not be given credit toward the restriction of time during which the person does not have proof of an interlock installation on file with the DMV. Day-for-Day credit for early installation? Yes, for repeat offenders, not first offenders Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions, to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes The cost is determined by the interlock user family’s income in comparison to the federal poverty guidelines. Interlock user will pay installers according to the following: if the offender’s family income is _____ of the federal poverty level, the person pays____ percent of the IID cost . A) 100 percent or below: Offender pays 10% of costs. B) 101 to 200 percent: Offender pays 25% of costs. C) 201 to 300 percent: Offender pays 50% of costs. D) 301 to 400 percent: Offender pays 90% of costs. Sources: Vehicle Code §§ 14601.2, 23556, Vehicle Code §§13352(a) and 23575(f)(1) , Vehicle code 23247, California DMV
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