A person caught drunk driving will be sentenced to a Driving Under the Influence (DUI) offense. Penalties for this violation can vary depending on what percentage of alcohol is in the driver’s body and also on the history of the same violation before.
For most people, a DUI sentence is a severe interaction with the law and can be very restrictive. How come? If they are found to have committed a sufficiently serious offense of drunk driving, the installation of a breathalyzer may be conducted, putting them under full court supervision.
However, not all DUI offenses will result in the installation of a breathalyzer in a car. There are some specific offenses that require someone to have a breathalyzer in their car. Okay, let’s find out more information about it below!
When Do You Have to Install a Breathalyzer in Your Car?
A breathalyzer, officially known as an Ignition Interlock Device (IID), is a device typically installed in your vehicle to estimate the blood alcohol content (BAC) in the driver’s body as part of the legal requirements after drunken drinking.
Well, having a breathalyzer installed in your car is one of the requirements that the court puts on you if you are found guilty of drunk driving. Of course, if you really want to get your driving privileges back, you must meet this requirement.
California is one of the states that has sole discretion in handing out sentences for DUI offenses. However, there are various circumstances when you are required to install a breathalyzer in your car, including:
- If the detectable alcohol level in your body is between 0.08 and 0.149%, you will lose your driving license for 30 days. Thereafter, you can start driving your car if an ignition device is installed in it for a period of six months. However, the penalties may go up to two months if you have had a prior minor conviction.
- If the detectable alcohol level in your body is more than 0.149%, you will receive a full-year driver’s license suspension, followed by another year of driving with a breathalyzer.
- If you are caught driving with a suspended license after a conviction, the court may order the breathalyzer to be installed in your car after the suspension is lifted.
- If you violate repeatedly, having a breathalyzer installed in your car is a must and will almost become a condition of sentencing, even following periods of license suspension.
- If the detectable alcohol level in your body is between 0.15% and higher, a first DUI conviction may require the installation of a breathalyzer for six months to one year, and your driver’s license suspension can last one full year. This penalty also applies to you if you refused a breathalyzer or a chemical blood test at the time of the arrest.
- You may be required to have a breathalyzer installed in your car for up to two years after a second conviction.
- For a third conviction, you need to have a breathalyzer installed in your car for three years.
- If you are convicted of four or more offenses, you may have to install a breathalyzer in your car for four years.
Well, these driving restrictions are applied only after the offenders receive jail sentences and license suspension periods have been completed. However, the drivers can also apply for restricted licenses, but if granted, the periods of time with the device will be longer.
It’s important to note that a DUI conviction will stay on the record for ten years. We can imagine that someone who is convicted at 22 and has a clean record for the subsequent nine years may encounter second-offense sentences if convicted of another DUI at the age of 31.
How Does an Installed Breathalyzer Work in a Car?
To be easy to use and give accurate results, Smart Start definitely designed the Ignition Interlock Device (IID) sophisticatedly. This device works like the police’s breathalyzer, being able to read the amount of alcohol in your body.
With the size of a smartphone, a breathalyzer can actually be mounted discreetly near the driver’s seat, so the driver does not feel like he is being monitored. This device can start working when you want to start your car.
Before your car can start, you will have to give a breath sample by exhaling into the mouthpiece. Then, if your breath sample is within the allowed limits, your car can start without any issues.
Since it is attached to your car’s ignition, of course it can prevent you from driving if it reads that you’re drinking. Aside from that, the device will also ask you to regularly blow on it while you are driving. If you do not perform it, you cannot start your car, and the court will be notified.
How to Install a Breathalyzer in Your Car?
Even though you may feel inconvenienced by having a breathalyzer in your car, installing it must always be done since it is a court-ordered device. In addition, you have to budget to put it in your car, and it is a little bit pricey. However, installing a breathalyzer in a car is a high priority for DUI offenders in California.
If you have to install a breathalyzer in your car, you may need to hire a certified technician. The average cost of installing it is upwards of $100. That’s not enough; you must instead pay monthly fees. Well, the installation of a breathalyzer can also take anywhere from an hour to all day, depending on the location. Keep in mind that all activity related to your car will be reported back to the court.
Can Anyone Drive a Car with a Breathalyzer Installed?
Of course, yes! Your spouse or family members can still drive your car with a breathalyzer, as long as they are properly licensed and obey the driving program rules of your state. It means that they also have to abide by the rules of how they use the breathalyzer, or IID. Here they are:
- If anyone wants to drive a car with a breathalyzer, they need to blow into the handset to do an alcohol test. If they pass, they can start driving the car. If they fail, they will be locked out and unable to start the car.
- If they pass and can start driving the car, they need to comply with taking periodic retests. If they refuse, it can result in a lockout.
If you are willing to let anyone drive your car with a breathalyzer, you may have to keep track of the days and times that the person drives it. However, it can help protect you from more penalties if anyone who is driving your car fails the breath test and commits any traffic violations.
It’s important to note that there is no way to deactivate the breathalyzer, so anyone who drives a car with a breathalyzer installed may have to use the interlock device. And if anyone will drive your car regularly, you may have to train them how to use the breathalyzer properly in your car.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
