2007 California Vehicle Code Article 4. Ignition Interlock Device

CA Codes (veh:23247-23249)

VEHICLE CODE
SECTION 23247-23249



23247.  (a) It is unlawful for a person to knowingly rent, lease, or
lend a motor vehicle to another person known to have had his or her
driving privilege restricted as provided in Section 13352 or 23575,
unless the vehicle is equipped with a functioning, certified ignition
interlock device.  Any person, whose driving privilege is restricted
pursuant to Section 13352 or 23575 shall notify any other person who
rents, leases, or loans a motor vehicle to him or her of the driving
restriction imposed under that section.
   (b) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352 or 23575 to request or solicit
any other person to blow into an ignition interlock device or to
start a motor vehicle equipped with the device for the purpose of
providing the person so restricted with an operable motor vehicle.
   (c) It is unlawful to blow into an ignition interlock device or to
start a motor vehicle equipped with the device for the purpose of
providing an operable motor vehicle to a person whose driving
privilege is restricted pursuant to Section 13352 or 23575.
   (d) It is unlawful to remove, bypass, or tamper with, an ignition
interlock device.
   (e) It is unlawful for any person whose driving privilege is
restricted pursuant to Section 13352 or 23575 to operate any vehicle
not equipped with a functioning ignition interlock device.
   (f) Any person convicted of a violation of this section shall be
punished by imprisonment in the county jail for not more than six
months or by a fine of not more than five thousand dollars (,000),
or by both that fine and imprisonment.
   (g) (1) If any person whose driving privilege is restricted
pursuant to Section 13352 is convicted of a violation of subdivision
(e), the court shall notify the Department of Motor Vehicles, which
shall immediately terminate the restriction and shall suspend or
revoke the person's driving privilege for the remaining period of the
originating suspension or revocation and until all reinstatement
requirements in Section 13352 are met.
   (2) If any person who is restricted pursuant to subdivision (a) or
(l) of Section 23575 is convicted of a violation of subdivision (e),
the department shall suspend the person's driving privilege for one
year from the date of the conviction.
   (h) Notwithstanding any other provision of law, if a vehicle in
which an ignition interlock device has been installed is impounded,
the manufacturer or installer of the device shall have the right to
remove the device from the vehicle during normal business hours.  No
charge shall be imposed for the removal of the device nor shall the
manufacturer or installer be liable for any removal, towing,
impoundment, storage, release, or administrative costs or penalties
associated with the impoundment.  Upon request, the person seeking to
remove the device shall present documentation to justify removal of
the device from the vehicle.  Any damage to the vehicle resulting
from the removal of the device is the responsibility of the person
removing it.


23249.  The Department of Motor Vehicles shall conduct two studies
to evaluate the effectiveness of ignition interlock in California and
shall report the findings to the Legislature, as specified in
subdivisions (a) and (b).
   (a) The department shall conduct a process study of ignition
interlock in California and report the findings to the Legislature on
or before July 1, 2002.  This study shall examine the implementation
of ignition interlock by the courts, the department and ignition
interlock installers, and report the rate at which courts assign
interlock to persons convicted of a violation of Section 14601.2 and
the rate at which these persons install these devices.
   (b) The department shall conduct an outcome study of ignition
interlock in California and report the findings to the Legislature on
or before July 1, 2004.  This study shall examine the effectiveness
of California's ignition interlock laws in reducing recidivism,
moving violation convictions and crashes among drivers ordered by the
court to install interlock devices, and among drivers applying to
the department, and receiving from it, an ignition interlock
restricted license.
  (c) This section shall remain in effect only until January 1, 2005,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2005, deletes or extends that date.


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