Carlsbad, CA asked in DUI / DWI for California

Q: second dui offense. Interlock eligibility? Reasons for ineligible

From interlock company what you say in hearing

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California



THE DUI client MUST go to IID to install and they give driver a DL 920, certificate of installation, that the driver takes to DMV

An Ignition interlock device or car breathalyzer, is installed into a vehicle to help prevent drunk driving. The device requires the driver to provide a breath sample before starting their car and if a measurable amount of alcohol is detected, the vehicle will not start.

Although the interlock is always “on” and charged, there is a warm-up period after you turn the ignition key half way to activate the car battery before you can take your test. This can range from 3-7 minutes and can be longer in cold weather. It can also lead to frustration when you are used to getting in your car and going. This is a big change. Give yourself time and it will become a habit to leave a little earlier.

Again, the routine is everything. If you are used to getting the car right after brushing your teeth, smoking or drinking a cup of coffee, you’ll need to adjust for the interlock. Always bring a bottle of water and rinse your mouth out while the device warms up. This will reduce the likelihood that residue from these items will result in a positive test. Avoid the following before you use the interlock:


Cologne or other scents with an alcohol base

Air freshener

Using the windshield wiper fluid

Smoking or vaping

Hand sanitizer

Cleaning wipes

Cough syrups, other over the counter medications

This list is not exhaustive,

Alexander Andryuschenko
Alexander Andryuschenko
  • DUI & DWI Lawyer
  • Los Angeles, CA
  • Licensed in California

A: 2 DUI suspension will cause a 2 years license suspension, however, you are eligible for a restricted license with an IID (see CVC 13352(a)(3)). DMV should have notified you.

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