Anyone with a DUI in Los Angeles a County will be required to comply with the DMV Ignition Interlock requirements under California law. The good news is that if you get an IID you can drive anywhere, unrestricted. Here are the important FAQ:
1. Question: What is an IID?
Answer: An IID is a device wired to a vehicle’s ignition that requires a breath sample from the driver before the engine will start. If the device detects alcohol on the breath, the engine will not start. As the individual drives, the device will request periodic breath samples to ensure continued absence of alcohol in the driver’s system. For additional information regarding IIDs, refer to the DMV’s website at
https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl31
2. Question: What is the purpose of the IID pilot program?
Answer: The intent of the law is to reduce the number of driving under the influence (DUI) offenses and provide DMV with data that can be used to evaluate the effectiveness of an IID in reducing DUIs.
3. Question: What are the requirements of the IID pilot program?
Answer: The IID pilot program requires all individuals convicted of a DUI in one of four California counties to install an IID on every vehicle they own or drive, provide DMV with a Department of Motor Vehicles Ordered Verification of Ignition Interlock (DL 924) form, pay a $45 administrative service fee (ASF), and meet all other reinstatement requirements before DMV can reinstate, reissue, or restrict their driver license.
4. Question: Which four counties are involved in the IID pilot program? Answer: The pilot program includes: Alameda, Los Angeles, Sacramento, and Tulare Counties.
5. Question: How do I know if I need to install an IID?
Answer: The DMV automatically mails an Order of Suspension or Revocation notice along with a DUI IID Insert or an Order of Installment of an Ignition Interlock Device when the department receives notification of a conviction for a DUI violation under California Vehicle Code (CVC) §§23152 or 23153 or Penal Code (PC) §191.5(b) which occurred in one of the pilot counties on or after July 1, 2010. The notice provides you with information about the IID pilot program and driver license reinstatement requirements.
Answer: No. You may contact a local installer to have your IID installed.
6. Question: This is my first DUI conviction. Is the IID installation only for multiple offenders?
Answer: No. The pilot program requires all DUI offenders, including first offenders, to install an IID if the violation and conviction occurs in one of the four pilot counties from July 1, 2010, through December 31, 2015.
10. Question: I am a first-time DUI offender. When the IID is installed, will I have a restricted driver license such as, to drive to/from work and to an alcohol program? Answer: No. If you are a first-time offender with a conviction under CVC §23152, once the DL 924 is provided, the $45 ASF is paid, and all other reinstatement requirements are met, you are eligible for an IID-restricted license with unlimited driving privileges.
7. Question: I am a first-time DUI offender. What happens to my driver license after the five-month mandatory IID restriction period ends?
Answer: At the end of the five-month mandatory IID restriction period, you may have your IID removed by a certified installer. The department will automatically remove the IID restriction from your driving record and impose a restriction that only allows you to drive to/from/during the course of your employment and to/from an alcohol treatment program, until your original DUI suspension period ends and you provide a Notice of Completion Certificate (DL 101).
8. Question: What option do I have to continue unlimited driving if I am a first-time DUI offender and have served the five-month mandatory IID restriction period, but still have reinstatement requirements that I have to meet?
Answer: You can request an extension of the IID restriction with unlimited driving privileges until your original DUI suspension period ends and you provide a Notice of Completion Certificate (DL 101). This requires you to maintain the IID on your vehicle(s). To request an IID restriction extension, you must immediately contact the Driver Licensing Mandatory Actions Unit at (916) 657-6525.
9. Question: Can I install an IID and get unlimited driving privileges if I am a first-time DUI offender and received an Administrative Per Se (APS) suspension for the DUI arrest?
Answer: If you are a first-time DUI offender convicted under CVC §23152 and received an APS suspension, you must serve 30 days of the APS suspension before you are eligible to install an IID and obtain an IID-restricted driver license with unlimited driving privileges.
10. Question: What happens if I don’t own a car?
Answer: The law allows you to request an exemption from IID installation. The Exemption for Ignition Interlock Device (IID) (DL 4055B) form is included as an insert with all DUI suspension or revocation notices mailed to offenders in the pilot counties. The form must be submitted to a DMV field office or mailed to the Driver Licensing Mandatory Actions Unit (DLMAU) within 30 days of the suspension or revocation notice mail date.
11. Question: What are the requirements for an IID exemption approval? Answer: To approve an exemption request, DMV must receive a signed exemption request
(DL 4055B) form that certifies under penalty of perjury that you:
do not own or have access to a vehicle at your residence and
no longer have access to the vehicle used when the DUI offense occurred.
The request must also indicate you acknowledge that you are:
only allowed to drive a vehicle that has a certified IID installed,
required to have a valid driver license before driving, and
immediately subject to the IID installation requirements when you purchase or
gain access to a vehicle.
DMV will only approve signed exemption requests that are submitted within 30 days of the suspension or revocation notice mail date. Upon receipt, DMV will verify if you qualify for the exemption and notify you in writing of your eligibility.
IMPORTANT: If the exemption is granted, an IID restriction will still be imposed on your driving record but the $45 ASF payment will not be required.
Matthew Ruff, Criminal Defense Attorney 