California Vehicle Code section 23247(e) makes it a crime for a person under an ignition interlock restriction to drive any vehicle without a functioning interlock device, not only the vehicle the device was installed in. A conviction carries up to six months in county jail, up to a $5,000 fine, or both, plus a separate license consequence that depends on which code section created the original restriction.
What conduct does Vehicle Code 23247(e) actually prohibit
Once a court or the DMV restricts a person's driving privilege under Vehicle Code section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700, Vehicle Code section 23247(e) makes it unlawful for that person to operate any vehicle not equipped with a functioning ignition interlock device. The restriction follows the person, not one specific car. Driving a friend's car or a rental car without a device is a violation under this subdivision, the same as driving your own car after the device failed, was removed for service, or was never reinstalled after a repair. A vehicle your employer owns is a narrow exception: Vehicle Code section 23576 allows it only when you are required to drive it in the course and scope of your job, you have notified the employer of the restriction, and proof of that notice is with you or in the vehicle, and it does not cover a vehicle owned by a business you own or control in whole or in part (see driving an employer's vehicle under an interlock order).
This subdivision applies whether or not anyone did anything to a device. It is a separate, broader prohibition than the acts covered elsewhere in the same statute, and it is the subdivision that fits when a restricted driver is simply found behind the wheel of an unequipped vehicle.
How this differs from tampering with the device under 23247(d)
Section 23247 lists several separate acts, and they are easy to confuse with each other. Subdivision (d) makes it unlawful to remove, bypass, or tamper with an ignition interlock device. Subdivision (e) does not require proof that you did anything to a device at all. It requires proof that your driving privilege was restricted under one of the listed sections and that you operated a vehicle, any vehicle, that was not equipped with a functioning device. Subdivisions (b) and (c) cover a related but separate situation: a restricted driver asking someone else to blow into the device or start the vehicle for them, sometimes called a straw blow, and the other person who actually does it. Subdivision (a) separately covers knowingly renting, leasing, or lending a vehicle without a device to someone known to be restricted. A citation or DMV notice that cites subdivision (e) specifically is about the vehicle itself, not about defeating or disabling a device that was present, and the facts the prosecution needs to prove are different for each subdivision.
How a violation is usually discovered and reported
A 23247(e) case can start with a traffic stop or with a report connected to the device itself. A person restricted under Vehicle Code section 23575.3 must have each vehicle with a device serviced by the installer at least once every 60 days so the installer can recalibrate and monitor it, and the installer must notify the DMV if the device is removed, shows an attempt to remove, bypass, or tamper with it, or the person fails three or more times to comply with maintenance or calibration requirements (section 23575.3(f)). For those restrictions, the DMV also places the interlock restriction on the driver's license record (section 23575.3(e)), so an officer who stops you in a vehicle with no device can confirm the restriction from your driving record rather than from anything a device reports.
What is the jail and fine penalty
Under Vehicle Code section 23247(f), a conviction for violating any part of this section, including subdivision (e), is punishable by imprisonment in a county jail for not more than six months, a fine of not more than $5,000, or both. This penalty applies on top of whatever the court does about the underlying case that led to the original restriction, and it is a new, separate misdemeanor conviction on the record.
What happens to your restriction or license after a conviction
Subdivision (g) adds a license consequence that applies specifically to a conviction under subdivision (e), and the exact consequence depends on which statute created the restriction in the first place. If the restriction came from section 13352, 13352.1, 13353.6, or 13353.75, the court must notify the DMV, which must immediately end the interlock restriction and suspend or revoke the driving privilege for the remaining period of the original suspension or revocation and until all reinstatement requirements in section 13352 or 13353.3 are met. If the restriction came from section 23575.3, subdivision (a) or (i) of section 23575, or section 23700, the DMV instead suspends the license for one year from the date of conviction. Either way, this license action is separate from the criminal penalty, and the statute makes it mandatory once the conviction occurs. If you are also contesting a related DMV suspension at a hearing, see how to get DMV hearing evidence.
What if someone else interfered or you were not driving
A vendor's service report or a DMV notice is not a conviction. For subdivision (e), the prosecution has to prove that your privilege was restricted under one of the listed sections and that you operated a vehicle without a functioning device. If someone else was driving a vehicle registered to you, that goes directly to whether you operated it, and it is a fact to document rather than assume. Accusations that someone else blew into the device for you, or that someone interfered with the device, fall under subdivisions (b), (c), and (d), which have different elements. Before assuming the worst, get the device's service and calibration records from the installer along with the DMV notice or citation that identifies exactly which subdivision of section 23247 you are accused of violating, since the defense to a straw blow accusation under (b) or (c) is not the same as the defense to simply driving an unequipped car under (e).
If you were cited or your license was affected after an ignition interlock report, bring the citation, the DMV notice, and the device's service records to the Law Offices of David S. Chesley, and call (800) 755-5174 to go over exactly which subdivision you are accused of violating and what it requires the prosecution to prove.