You may need an ignition interlock device (IID) in California if you are convicted of some traffic violations. IIDs are generally associated with charges for driving under the influence (DUI). In fact, as of 2019, many drivers convicted of a DUI have to install an IID.
You can use this article to find out when you’ll need an IID. The team at the Simmrin Law Group can help you further review DUI charges and IID usage if you call (310) 997-4688.
Drivers Need IIDs After DUI Convictions
Most drivers convicted of a DUI in California are required to install an IID on their vehicle. IID installation is considered a penalty for a DUI conviction, just like a fine or time in jail. The court may order drivers to install an IID for:
- One year for a second DUI or a first DUI causing injury
- Two years for a third DUI or a second DUI causing injury
- Three years for a subsequent DUI or DUI causing injury
You will not be able to legally operate a motor vehicle in California until after you have installed an IID in this situation. Therefore, you need an IID as quickly as possible after most DUI convictions in California.
IID Installation and Some First-Time DUIs
Thus far, we have discussed drivers who must always install an IID after a DUI conviction. Some drivers may or may not be ordered to install an IID. Drivers convicted of a basic, first-time DUI are not always ordered to install an IID in California.
However, the court can order first-time offenders to install an IID for six months. Note that, in some situations, this is preferable to drivers. Without an IID, you will face a license suspension after a DUI conviction. Drivers with a suspended license cannot operate a motor vehicle.
You can speak to a criminal defense lawyer in Los Angeles to determine if an IID is right for you after a first-time DUI conviction. Call (310) 997-4688 to talk to the legal professionals at the Simmrin Law Group.
Exemptions to IID Installation Regulations
California offers some drivers exemptions from the requirements to install an IID. You may file an exemption request if you:
Do Not Have a Vehicle
Drivers may not be required to install an IID if they:
- Don’t own a vehicle
- Can’t access a vehicle from their home
- Can’t access the vehicle they were driving when arrested for a DUI
Note that all three of the above requirements must be met in order to get an exemption from IID usage.
Live Outside of California
You can seek an IID exemption if you are an out-of-state driver convicted of a DUI in California. However, you must be able to demonstrate that you live out-of-state and you will still need to complete a DUI treatment program in California.
Have Certain Medical Conditions
Some medical conditions prevent the proper usage of an IID. For example, drivers with lung cancer or chronic pulmonary obstructive pulmonary disease (COPD) are often unable to properly operate an IID. In this situation, you may be exempted from IID usage.
A Note About IID Exemptions
You should be aware that getting an IID exemption does not mean you will be able to drive freely after a DUI. In fact, without an IID:
- Your license will be suspended or revoked
- You will have to complete your full DUI treatment program
Many drivers in California prefer to use an IID so they can continue to operate their vehicles after a DUI conviction.
Drivers Need to Use IIDs Every Time They Drive
Once you have an IID installed on your vehicle, you will need to blow into the device each time you want to turn on your vehicle. If the IID detects alcohol on your breath, your vehicle will lock-out and refuse to turn on.
Additionally, you will have to complete rolling IID retests as you operate your vehicle. You will get some prior warning when it is time to complete these tests. Failing either an initial or rolling test will be recorded on your IID. Note that it is against the law to try to avoid or get around an IID test. Trying to misuse an IID can lead to a license suspension or revocation.
Talk to a Legal Professional if You Need an IID
You may need an IID if you are convicted of a DUI in California. You can reduce the odds that you’ll need an IID by working with a DUI lawyer in Los Angeles quickly after your arrest. The team at the Simmrin Law Group can start focusing on your defense after you complete our online contact form or call (310) 997-4688.
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