If you or a loved one are facing charges for drunk driving or driving under the influence (DUI/DWI) in California you may have alternative sentencing or non-traditional sentencing choices that can enable you to still drive to work or other necessary appointments. One of the programs in the state of California is the Ignition Interlock Device (IID) Program. This program may allow you to drive under a restricted license for the duration of the administrative license suspension. A skilled Newport Beach, California DUI Attorney can help you determine if this program is right for you.
Ignition Interlock Device Case Attorney
My name is Attorney David E. Swanson and if you have been arrested and charged with DUI or DWI in California please call my office at 949-477-3030. I have many years experience handling DUI and Criminal cases in Orange County, California including Fullerton, Anaheim, Irvine, Huntington Beach, Costa Mesa, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel & San Clemente California.
What is an Ignition Interlock Device?
The Ignition Interlock Device is a breath testing apparatus that attaches to your vehicle’s ignition system. After being charged with a DUI, or multiple DUI’s, you may be required to install the IID in your vehicle. An ignition interlock device (IID) is a device slightly larger than a cell phone that is wired to your vehicle’s ignition. The device can be installed in a vehicle while you wait and after installation, it requires your breath sample before the engine will start. If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.
Who Must Have an IID in California?
Court-Ordered IID Restriction
When the court orders use of an IID, you must have one installed by an authorized installer and provide proof of the installation to the court. The court has special forms and procedures to monitor drivers ordered to have the IID device installed. After the court notifies the Department of Motor Vehicles (DMV), DMV marks your record so law enforcement officers are aware of the IID requirement if you are stopped. DMV will also place a restriction on your driver license. If you fail to comply with a court-ordered IID restriction, the court will notify DMV and your driving privilege will be suspended until you comply with the court order.
DMV Ordered IID Restriction
DMV is required to impose an IID restriction on the driving privilege of a person convicted of driving when suspended or revoked for a driving under the influence (DUI) conviction Vehicle Code (VC) §§14601.2, 14601.4, or 14601.5.
This restriction does not allow a person to drive without a valid driver license.
The driver must submit either the Department of Motor Vehicles Ordered Verification of Ignition Interlock (DL 924) form or the Exemption For Ignition Interlock Device (DL 4054B) form to the DMV within 30 days from the mail date of the Order of Installment of An Ignition Interlock Device (DL 4054A) form
Shortened License Suspension/Revocation
If you have been convicted of a second or subsequent DUI violation and have completed at least 1 year of your DUI suspension/revocation you may qualify for a restricted license if you meet these requirements:
- Install an IID on your vehicle and provide DMV with a “Verification of Installation” (DL 920) form.
- Clear all other outstanding suspensions/revocations on your driving record.
- Comply with a drinking driver program’s requirements and have the program provider submit either a Proof of Enrollment form (DL 107) or Notice of Completion form (DL 101) to DMV (whichever applies to your case).
- Submit an SR 22 form establishing proof of financial responsibility issued by your auto insurance company to DMV.
- Pay all required fees, including the $15 IID restriction fee.
In addition, effective July 1, 2010, legislation allows a shorter suspension/revocation period for a second or third DUI offender to install an IID and receive an IID restricted license after a mandatory suspension/revocation period, if the most recent violation of VC §23152 occurred on or after July 1, 2010, and did not involve the use of drugs:
Second DUI Offenders – Third DUI Offenders –
whose violation involved alcohol only may reinstate after a 6-month revocation with proof of enrollment in an 18 or 30-month DUI program.
Contact a Skilled Newport Beach, CA DUI Lawyer
If you, a loved one or family member have been charged with drunk driving anywhere in Southern California contact The Law Office of David E. Swanson at 949-477-3030. My office is located near the courthouse in Newport Beach and I proudly serve all of Orange County, California. Or, click here to email me..