Ignition Interlock Requirements in California in San Jose, CA Terms, Servicing and Exemptions

The terms the statute sets

Section 23575.3 applies to violations occurring on or after January 1, 2019, and sets the restriction terms by offense and prior count (Vehicle Code 23575.3). For a section 23152 conviction with no priors punished under section 23536, the court may order a device for a period not to exceed six months, and the person may instead apply for a restriction under section 13352.4 or under section 13352 or 13352.1. With one prior, punished under section 23540, the term is 12 months and mandatory. With two priors under section 23546 it is 24 months, and with three or more under section 23550, or a conviction under section 23550.5, it is 36 months. The injury column runs longer: a section 23153 conviction with no priors carries 12 months, one prior carries 24 months, two priors carry 36 months, and one prior under section 23550.5 carries 48 months.

What the DMV requires before it issues the restriction

The department's published program page states that participants may comply with the mandatory installation immediately without serving any suspension or revocation period, and lists what has to be on file first: all other outstanding suspensions or revocations on the driving record cleared, a device installed on a vehicle the person operates with a Verification of Installation Ignition Interlock form (DL 920) provided to the department, a Proof of Enrollment Certificate (DL 107) or Notice of Completion Certificate (DL 101) for the appropriate program length, a California Insurance Proof Certificate (SR 22), and payment of all applicable reissue and restriction fees including additional administrative service fees (California DMV).

Servicing, tampering and what stops the clock

The statute imposes maintenance obligations with dates attached. A device must be serviced and recalibrated at least once every 60 days by the installer for proper calibration and operation, and the installer must notify the department if the device is removed, if evidence of tampering or a bypass attempt is found, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the device (Vehicle Code 23575.3). The statute defines a bypass to include failure to take or pass any random retest with a breath alcohol concentration not exceeding 0.03 percent. Periods of noncompliance do not count toward the completion of the restriction term, which means the term can extend past its nominal length without a new order being issued.

The cost-share table is in the statute

Section 23575.3 sets an income-based share of the cost of installing and maintaining the device rather than a fixed price. A person whose income is at or below 100 percent of the federal poverty level pays 10 percent of the cost. Between 101 and 200 percent the share is 25 percent, and between 201 and 300 percent it is 50 percent, as it is for a recipient of CalFresh benefits. Between 301 and 400 percent the share is 90 percent, and above that the person pays the full cost. The statute does not name a dollar figure, and no monthly lease price is stated here for that reason.

Two exemptions, and the motorcycle rule

Two carve-outs exist. Section 23575.3 provides a 30-day certification exemption for a person who certifies that they do not have access to a vehicle at their residence, do not have a vehicle registered in their name, and will not operate any vehicle unless it is equipped with a device, with the exemption ending if any of those statements ceases to be true. Section 23576 provides the employment exemption: a person required to operate a motor vehicle in the course and scope of employment may operate an employer-owned vehicle without an installed device where the employer has been notified of the restriction and the person has proof of that notification in their possession, or the notice or a facsimile is with the vehicle (Vehicle Code 23576). A vehicle owned by a business entity that the restricted person owns or controls, in whole or in part, is not an employer's vehicle for that purpose. On motorcycles, section 23575.3 excludes them until a certified device exists and provides that a person subject to a restriction shall not operate a motorcycle for the duration of the restriction.

The alternative routes, and the local offices

Where the interlock route is not taken, sections 13352.4 and 13352.5 supply narrower restrictions. Section 13352.4 requires proof of program enrollment, proof of financial responsibility and payment of fees, runs 12 months, and limits driving to the hours necessary for travel to and from work, during the course of employment, and to and from program activities (Vehicle Code 13352.4). Section 13352.5 is the parallel route on a two-year suspension and requires at least 12 months of that suspension to be completed first (Vehicle Code 13352.5). Paperwork and hearings for this area go through the Driver Safety Office at 90 Great Oaks Blvd., Suite 104, in San Jose (California DMV), while a court-ordered device on a San Jose case comes out of the Hall of Justice at 190 West Hedding Street (Santa Clara County Superior Court). This page is general information about California law and is not legal advice; a licensed California attorney should be consulted on any specific interlock obligation, and the attorney advertising on this site can be reached at the posted number.