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San Rafael, California BAIID Lawyer

Larkspur BAIID DUI Attorney

Breath Alcohol Ignition Interlock Device Lawyer

Breath alcohol ignition interlock devices (BAIIDs) are small devices that are wired to the ignition of a vehicle. They are essentially miniature breathalyzer test machines that will not allow the vehicle to start if the device detects alcohol on your breath. BAIIDs are an increasingly common DUI penalty, and in many cases, the installation of this device is mandatory after a DUI conviction.

How Does a BAIID Work?

If you are ordered to use an ignition interlock device, it must be professionally installed on all vehicles you own. Once installed, you must blow into the device and show a clean, alcohol-free breath sample for the vehicle to start. The device also asks for breath samples randomly about 5-15 minutes after you start the vehicle, and about every 45 minutes thereafter. This is to prevent the driver from having someone else blow a clean sample, then driving off intoxicated. When the device asks for a random sample, you have about six minutes to comply. If you fail any of these random tests, the vehicle is not disabled, but a "fail" is registered on your log, which is reported to the court and can be used as evidence of a probation violation.

When is the Installation of a BAIID Required in California?

California DUI laws only require the installation of an ignition interlock device for second or multiple DUI convictions. However, there are four California counties that are part of a pilot program that requires all DUI offenders to install a BAIID. These are:

  • Alameda County
  • Sacramento County
  • Los Angeles County
  • Tulare County

In other counties, first-time DUI offenders may still be required to install the device as a condition of their probation. If you are ordered to install a BAIID and you do not, you may be found in violation of your probation, which could result in jail time and other penalties. Installation of a BAIID is also required for one or more convictions of driving with a suspended license if the driver's license suspension was based on a DUI conviction.

How Long Does the BAIID Have to Be Installed?

The length of time you must have the ignition interlock device installed varies depending on the specific circumstances of the case and which county you are in. Assuming there are no aggravated circumstances (such as an accident resulting in death or serious injury), the general guidelines are as follows:

  • First DUI Offense: Five Months
  • Second DUI Offense: One Year
  • Third DUI Offense: Two Years
  • Fourth (or more) DUI Offense: Three Years

Is Installation of a BAIID Good or Bad?

That depends on your specific case. Ignition interlock devices are expensive to install, and they can be a pain to drive with. On the other hand, installing the device may help you obtain a driver's license reinstatement, which can get you back on the road and make it much easier to live with the consequences of your DUI.

Speak with a Knowledgeable Marin County BAIID Lawyer

Ignition interlock devices are often required after a DUI conviction in California. If you can have the charges against you reduced or dropped, however, you may not need to install a BAIID at all. Attorney Paul Burglin of Burglin Law Offices, P.C. understands the ins and outs of California DUI law, and the most effective defense strategies to mitigate the situation as much as possible.

Paul co-authors California Drunk Driving Law, a two-volume legal guide that is frequently referred to by other DUI defense lawyers throughout the state, and he is the "go to" attorney for DMV hearing officers, judges, and prosecutors when someone close to them is in legal trouble after a DUI arrest. When you retain his services, Paul goes to work immediately, exploring every legal avenue to determine the best path forward toward a favorable outcome.

To schedule a personalized consultation with attorney Paul Burglin, contact us today at 415-729-7300. We serve clients throughout the Bay Area, including Marin County, Tiburon, Sausalito, Mill Valley, Larkspur, San Rafael, Novato, San Anselmo and Fairfax. We handle locals and tourists cited in the wine country, Sonoma and Napa, as well as those cited in San Francisco, Oakland, and Martinez.
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