2017 California Code
Vehicle Code - VEH
DIVISION 11.5 - SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE
CHAPTER 2 - Court Penalties
ARTICLE 5 - Additional Penalties and Sanctions
Section 23575.a.
(a) The court shall require a person convicted of a violation of Section 14601.2 to install a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816 the requirement and term for the use of a functioning, certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c) The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d) A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of a functioning, certified ignition interlock device restriction ordered pursuant to subdivision (a) or (i). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f) Nothing in this section permits a person to drive without a valid driver’s license.
(g) Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning, certified ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(h) If a medical problem does not permit a person to breathe with sufficient strength to activate the device, that person shall only have the suspension option.
(i) This section does not restrict a court from requiring installation of a functioning, certified ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(j) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(k) (1) For the purposes of this section, “owned” means solely owned or owned in conjunction with another person or legal entity.
(2) For purposes of this section, “operates” includes operating a vehicle that is not owned by the person subject to this section.
(l) For the purposes of this section, “bypass” means either of the following:
(1) Failure to take any random retest.
(2) Failure to pass any random retest with a breath alcohol concentration not exceeding 0.03 percent breath alcohol concentration.
(m) The department shall adopt regulations specifying the intervals between random retests.
(n) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(o) This section shall become operative on January 1, 2019.
(p) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.
(Amended (as added by Stats. 2016, Ch. 783, Sec. 33) by Stats. 2017, Ch. 485, Sec. 26. (SB 611) Effective January 1, 2018. Section operative January 1, 2019, by its own provisions. Repealed as of January 1, 2026, by its own provisions. See later operative version, as amended by Sec. 27 of Stats. 2017, Ch. 485.)
