The SB 1046 “Ignition Interlock Device” law that you need to know about.
You have probably heard that there are new California DUI laws coming in with the new year.
The one new law that is making the most news is the Ignition Interlock Device (SB 1046, Hill) law. An ignition interlock device is a breath machine that is
installed in your car by a state licensed and authorized provider. The machine is designed to NOT allow your car to start up until you blow into the machine
and register no alcohol in your breath. If alcohol is detected, your car won’t start.
The new law is scheduled to be in effect from January 1, 2019 to January 1, 2026. This law mandates that repeat offenders for driving under the influence
(DUI) and first time DUI offenders whose violations resulted in injury, must install an ignition interlock device (IID) for a period ranging from 12 to 48 months. This law also allows those who receive a suspension under the Administrative Per Se law (DMV action) to obtain an IID-restricted driving privilege, and receive credit toward their required IID restriction period if they are later convicted of a DUI. These provisions apply to DUI violations that involve alcohol or the combined use of alcohol and drugs. They do not apply to drug-only violations.
Additionally, courts have the discretion to order a non-injury first time DUI offender to install an IID for a period of up to 6 months. If the court does not order IID installation, a non-injury first time offender may voluntarily apply for a driver license with IID restrictions or restrictions that allow them to drive to, from, and during their employment and to and from a DUI treatment program for 12 months.
This new law was previously an IID pilot program in effect in Alameda, Los Angeles, Sacramento and Tulare counties for the past 2 years.
The new law applies only to arrests after 1/1/19.