Not automatically, if it is a first alcohol-related DUI with no injury and no prior. The law allows only one of three routes: the court orders a device for up to six months, or you apply to the DMV for a restricted license, either one that requires a device or one limited to work and your DUI program that does not. The answer changes if the conviction is for DUI causing injury, even on a first offense, or if you have a qualifying prior within 10 years.

For a simple first offense, the law allows one of three routes

For a first conviction under Vehicle Code section 23152 with no qualifying prior, Vehicle Code section 23575.3(h)(1)(A) says “only one of the following may occur”:

  1. The court may order you to install a functioning, certified ignition interlock device, for a term the court sets of up to six months from your conviction date.
  2. You may apply to the DMV for a restricted license under Vehicle Code section 13352.4. It limits driving to trips to and from work, driving during work, and trips to and from your DUI program, and it does not require a device. It is not available if the court ordered a device or barred a restricted license (13352.4(a), (c), (h)).
  3. You may apply for a restricted license under Vehicle Code section 13352(a)(1), or under section 13352.1(c) if the court referred you to the DUI program described in section 23538(b)(2). This license does require a device: you must install one and agree to maintain it, enroll in a DUI program, and show proof of financial responsibility, and it is not available if the conviction was only for drug use (13352(a)(1)(A)).

So two of the three routes involve a device, and one of those is your choice rather than a court order. Separately, a first conviction still triggers the department’s own suspension of your driving privilege: six months under section 13352(a)(1), or 10 months after a referral to that section 23538(b)(2) program (Vehicle Code section 13352.1(a)), with reinstatement only on proof of financial responsibility and completion of a licensed DUI program.

These rules cover alcohol-related convictions. Section 23575.3(h) lists subdivisions (a), (b), (d), (e), and (g) of sections 23152 and 23153, which leaves out a DUI based on drugs alone (subdivision (f) of Vehicle Code section 23152). A separate statute also says it does not restrict a court from ordering a device, for up to three years from conviction, for people outside its own mandatory rule (Vehicle Code section 23575(i)). If a longer term than six months is proposed on a first offense, ask your lawyer how that power fits with the six-month limit above.

A first offense with injury is different

If your first conviction is under Vehicle Code section 23153 (DUI causing injury) rather than simple 23152, the device is mandatory: a 12-month installation requirement, with no court discretion and no listed alternative restricted-license route (23575.3(h)(2)(A)).

Once there is a prior, the device becomes mandatory and the term grows

Any qualifying prior conviction removes the court’s choice. The mandatory terms escalate with your record:

  • 23152 with one prior: 12 months
  • 23152 with two priors: 24 months
  • 23152 with three or more priors, or a conviction under section 23550.5: 36 months
  • 23153 with one prior: 24 months
  • 23153 with two priors: 36 months
  • 23153 with one prior under section 23550.5: 48 months

A prior wet reckless still counts

“Prior,” for this escalation, means a conviction for a separate violation of Vehicle Code section 23103 as specified in section 23103.5 (a wet reckless), or section 23152 or 23153, or specified Penal Code and Harbors and Navigation Code offenses, that occurred within 10 years of the current violation (23575.3(h)(3)). A wet reckless plea can be a real benefit in other ways, covered on this firm’s wet reckless page, but do not assume it disappears from your record for purposes of a later DUI’s interlock term. If you have a past wet reckless and now face a new DUI, tell your attorney.

What the device actually costs

The fee is scaled to income under section 23575.3(k): 10 percent of the standard program cost at or below the federal poverty level, 25 percent from 101 to 200 percent of the poverty level, 50 percent from 201 to 300 percent (also 50 percent for verified CalFresh recipients), 90 percent from 301 to 400 percent, and the full cost above that. The manufacturer covers whatever percentage you are not responsible for, but any extra costs from not complying with the program stay yours. For a reduced rate, the installer verifies income from a prior year’s tax return, three months of income statements, or Employment Development Department unemployment verification.

What this means for you

  • First DUI, no injury, no prior within 10 years: find out whether the judge ordered a device. If not, the choice is between the device-restricted license under section 13352(a)(1) and the work-and-program license under section 13352.4; confirm eligibility with the DMV or your lawyer.
  • Before assuming which rule applies, pull your full record for the 10 years before the new violation, including any wet reckless, and check whether the conviction is under section 23152 or 23153.

The current rules apply statewide to violations on or after January 1, 2019, and remain in effect until January 1, 2033 unless the Legislature extends them (23575.3(p), (r)). Related pages cover the rest of a first-time DUI case, second-time DUI defense, and ignition interlock device violations. If you are not sure which of these rules applies to your case, the Law Offices of David S. Chesley can check your record and your actual court order. Call (800) 755-5174 to go over your situation.