DIVISION 11. Rules of the Road
CHAPTER 12. Public Offenses
ARTICLE 4. Ignition Interlock Devices ( Article 4 repealed and added by Stats. 1994, Ch. 1237, Sec. 3. )
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, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700, unless the vehicle is equipped with a functioning, certified ignition interlock device. A person, whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 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, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 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, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700.
(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, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 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 a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g) (1) If any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, or 13353.75 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 or 13353.3 are met.
(2) If any person who is restricted pursuant to Section 23575.3, subdivision (a) or (i) of Section 23575, or Section 23700 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 law, if a vehicle in which a functioning, certified 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.
(i) This section shall become operative on January 1, 2019.
(j) 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. 27) by Stats. 2017, Ch. 485, Sec. 21. (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 added by Sec. 28 of Stats. 2016, Ch. 783.)
