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California (CA) - State Requirements for Ignition Interlock Devices

The California Ignition Interlock Program

The legal limit in California for drivers is .08 percent BAC, and anyone who chooses to drive over this limit is putting themselves and others in danger on the road. Penalties for drunk driving in California include fines, license suspension, and other penalties. The state allows some drivers to regain their driving privileges if they install an ignition interlock device from Intoxalock, a California certified ignition interlock provider. The state works with the providers to monitor testing results and compliance with interlock policy.

California’s Administrative License Revocation (ALR) rules state that offenders can have their driver’s license confiscated immediately if:

  • Their BAC is .01 percent during DUI probation
  • Their BAC was .04 percent or more when driving a commercial vehicle
  • Their BAC was .08 percent or more while driving a regular vehicle
  • They refuse a breath test

What Happens if I Get a DUI in California?

California has a series of increasing penalties for DUI offenders, which increase with certain circumstances. First-time offenders will have their license suspended for four months, and may need to install an IID if ordered to do so by the court . If anyone was injured or killed during the DUI event, the IID term may be extended. Penalties may include but are not limited to:

First DUI Offense

  • Four-month license suspension, but may drive under a limited license upon installation of an IID
  • Fines of $390-$1,000
  • Jail term of a minimum of 96 hours to six months, with 48 hours being continuous
  • Probation is an option, but may not always be required or granted
  • May be required to attend DUI school or alcohol treatment for three months during probation, if probation is granted.

Second DUI Offense

  • Criminal license suspension for two years, and a 12-month administrative license suspension (suspensions may overlap)
  • IID required for 12 months
  • Fines of $390 to $1,000+
  • Jail term between 90 days and one year, with the option of probation (probation may not be granted or may not be required; 48 hours of the jail term must be continuous)

Third DUI Offense

  • Criminal license suspension for three years, and a 12-month administrative license suspension (suspensions may overlap)
  • Interlock device required for two years
  • Fines of $390 to $1,000+
  • Must have an ignition interlock device for two years
  • Jail term of 120 days to one year, with the option of probation (must serve 120 days in jail, probation may not be granted)

Drivers could also be facing potential jail time, fines, and mandatory alcohol education. If being without a license is a hardship, offenders can apply for an IID license. This will allow them to regain their driving privileges if they install an ignition interlock from an approved provider.

In California, the court can order an IID installation or extend the interlock term at their discretion.

If anyone is injured during the DUI event, the offender may be charged with a misdemeanor or felony. In the case of a felony DUI, penalties increase with higher fines, more jail time, and possible other requirements.

What Are the Penalties for Failure to Complete or Refuse to Submit to an DUI Test in California?

Refusing a breath test does not mean the offender has no consequence. Skipping a BAC test will result in penalties including:

  • First offense: License suspended for one year
  • Second offense (within 10 years): License revoked for two years
  • Third offense (within 10 years): License revoked for three years 

How Can I Get My Driving Privileges Back in California?

In order to regain driving privileges, some offenders may be required to install an ignition interlock device. In addition to installing an IID, offenders must:

  • Wait out required suspension period or clear any existing revocations on record
  • Install an IID at an approved provider and share the verification paperwork with the DMV
  • Provide verification that they are enrolled in or have completed any required alcohol dependency or education classes
  • Provide an SR-22 verification of coverage proving they have appropriate insurance
  • Pay any required fines and application fees
  • Must show a Proof of Enrollment Certificate or Notice of Completion Certificate corresponding to the alcohol dependency program they are enrolled in, if required
  • Must have been 21 years old at the time of the original DUI offense
  • Must obey the restrictions of the license if required