As of January 1, 2019, most drivers in California who are convicted of driving under the influence of alcohol (DUI) will require an ignition interlock device (IID). Drivers are responsible for getting an IID installed in any car they own or operate, or have access to. Some drivers may want to avoid the cost and hassle of getting an IID after a DUI. However, there are only limited situations where a driver can choose not to install an IID order after a DUI.
If you have any further questions about whether you need an IID after a DUI arrest or conviction in California, contact the experienced East Bay DUI lawyer Lynn Gorelick today.
Will all California DUI convictions require an IID?
The only DUI conviction that will not automatically require an IID restriction is a 1st offense, non-injury DUI, at the discretion of the court. California courts have the discretion to order an IID for non-injury 1st DUI offenders. If the court does not order an IID installation, the non-injury first offender can apply for a 1-year restricted driver license. This is limited to driving to and from employment and to and from a DUI treatment program.
All other DUI convictions in California require an IID installation. This includes 1st offender DUI involving an injury, or any 2nd, 3rd, or more DUI conviction.
Do I need an IID if I don't own a car?
If you do not own a car, you may be able to qualify for an exemption from the IID requirement. This requires individuals to submit a signed Exemption for Ignition Interlock Device form (DL 4055B). This exemption requires individuals to certify that they:
- Do not own a vehicle.
- No longer have access to a vehicle at your place of residence.
- No longer have access to the vehicle used when your DUI offense occurred.
This exemption does not apply to nonoperational vehicles. If you own a vehicle that is on a non-operational status, you do not qualify for this exemption.
The exemption is also not available just because you don't plan on driving. If you own a vehicle, have access to a vehicle at your residence, or have access to the vehicle used involving your DUI, you need to install an IID.
What do I need to do to drive after a DUI requirement?
In order to get your driving privileges restored after a DUI, you will have to comply with a number of requirements. This includes:
- Department of Motor Vehicles (DMV) Ordered Verification of Ignition Interlock form (DL 924).
- Alcohol treatment program Proof of Enrollment Certificate (form DL 107) or Notice of Completion Certificate (form DL 101).
- A California Insurance Proof Certificate (SR 22).
- Payment of all reinstatement fees and a $45 administrative service fee.
Do I have to get an IID if I can't afford to pay for installation and maintenance?
There may be financial assistance available if you cannot afford an IID installation, fees, or calibration. However, this is generally limited to the indigent who really can't afford it. Just because it is an inconvenience or costs more than you would like will not generally waive the requirement to pay for an IID after a DUI. You will have to show income levels and savings below a certain amount based on the federal poverty guidelines to qualify for partial financial assistance for an IID.
What happens if I'm caught driving without an IID installed in the vehicle I'm driving?
Violating the IID restriction after a DUI can result in penalties including possible jail time, fines, a suspended license, extended IID restrictions, or other consequences.
Ignition Interlock Device Answers by East Bay DUI Attorney
East Bay attorney Lynn Gorelick has more than 30 years of DUI experience and understands how restrictive it can be to lose your license. An IID can get you back on the road after a DUI conviction, but not getting convicted in the first place can mean you can keep your full license with no restrictions. Representing drivers in Contra Costa County and Alameda County, Lynn Gorelick is familiar with the local DUI laws, and the local officers and prosecutors involved. Contact East Bay DUI lawyer Lynn Gorelick today.