Are IIDs Required for First DUIs?

IID stands for “Ignition Interlock Device.” An IID is a device, not much bigger than a cell phone that’s wired to a vehicle’s ignition. IIDs are court-ordered for certain DUI offenders, and the way they work is you have to provide a sample of your breath before the engine will start.

If the IID detects any alcohol in your breath, then the vehicle’s engine will not start. Additionally, as you drive your vehicle, you are required to provide periodic samples of your breath to ensure that you are not drinking while driving.

Who is required to install an IID?

Do all first time DUI offenders have to install an IID? The answer – it depends. Generally, first time offenders are not required to install an IID unless they are convicted in one of the pilot counties.

Effective July 1, 2010, legislation required the Department of Motor Vehicles to conduct an IID pilot program, which requires that all persons convicted of DUI (including a first DUI) install an IID. These pilot counties include:

  • Alameda
  • Los Angeles
  • Sacramento
  • Tulare

If you were arrested for DUI in one of the above counties and this was your first offense, you will be required to install an IID in each vehicle that you operate. Additionally, the DMV is required to impose an IID restriction on anyone caught driving on a suspended or revoked license for a DUI conviction.

Second and Third DUI Offenders

If you were arrested for DUI and this is your second or third offense, you may be required to install an IID if you are found guilty. Essentially, if someone is convicted of a second or third DUI in California, they can have a shorter driver’s license suspension if they install an IID.

Under California law, if you are convicted of a second or subsequent DUI, you may be able to qualify for a restricted license if you meet the following requirements:

  • You install an IID in your vehicle
  • You give the DMV a Verification of Installation Ignition Interlock form
  • You clear all other suspensions or revocations on your driving record
  • You submit an SR 22 form issued by your auto insurance company
  • You pay all the required fees, including the $15 IID restriction fee

Effective July 1, 2010, legislation allowed for a shorter suspension or revocation period for second and third DUI offenders who install an IID and receive a restricted license after the mandatory suspension/revocation period, providing the most recent offense was alcohol, not drug-related.

Second DUI offenders with an alcohol-related DUI may reinstate their license after a 90-day suspension and proof of enrollment in a DUI program. Third DUI offenders with an alcohol-related violation may reinstate after a 6-month license revocation with proof of enrollment in an 18 or 30-month DUI program.

Contact the Law Offices of Virginia L. Landry, Inc. to work with one of Orange County’s leading DUI defense firms!

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