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Information About Ignition Interlock Devices (IID's)

Some Fast IID Facts:

* An IID is a hand held device that a person must blow into and show very low, or no alcohol in their system before the car will start.

* The IID law became effective July 1999 and is found in VC 23575. (a) (1)

* The current law requires judges to order IIDs for people convicted of driving on a DUI-suspended driver license. (VC14601.2)

* A judge may order anyone convicted of DUI or "wet reckless, to install an IID.

* Those people with a DUI suspended license may get a restricted license much sooner the time if an IID is installed. (see below for details)

What Vehicles Must Have an IID?

If a person is convicted of a DUI offense (VC 23152 or 23103.5) the court may order an IID device installed in any vehicle they drive, even if it is not registered to them, such as a spouse's car.

Motorcycles are not able to be driven on an IID restricted license.

What About Vehicles Driven at Work?

Under VC23576 (a) a driver, with an IID restricted license, may drive an employer's vehicle without an IID if:

  1. The vehicle is completely owned by the employer. It cannot be partially owned by the IID restricted driver and the IID restricted driver cannot own any part of the business that owns the work vehicle.
  2. The IID restricted driver is driving the employer's vehicle in the course and scope of their employment.
  3. The IID restricted driver must carry written proof that the employer was notified that the driver has an IID restricted license. The proof must be carried on the person or in the employer's vehicle. The statute is not specific what constitutes proof of employer notification. Probably a

signed letter by the employer of such notification would be accepted. The statute says the proof may be a copy of the original. To be safe a driver should verify the form of the required proof with the DMV.

How Long is the IID Required to be Installed in the Driver's Vehicle(s)?

The amount of time an IID device is required to be installed depends on the number of convictions the driver has had for DUI (VC 23152 or 23103.5). Generally:

1 st conviction 5 months; 2 nd 12 months; 3 rd 24 months, 4 th 36 months.

If a person is convicted of driving on a DUI-suspended driver license. (VC14601.2) the amount of time the device must remain in the vehicle(s) is up to the court.

What California Counties are Subject to Mandatory IID Installation for 1 st Time DUI Convictions?

If a driver is convicted of DUI or Wet Reckless Driving (VC 23152 or 23103.5) in Los Angeles, Alameda, Tulare, or Sacramento Counties, under the authority granted in AB91, mandates that beginning in January 2010 through January 2016, the driver will have to install and IID device, even for a first offence. This is a pilot program that will be studied by the legislature for possible adoption by all California Counties after 2016.

How Can an IID Shorten the Time it Takes to Get a Restricted License?

For DUI convictions after July 1, 2012 the DMV allows a shorter suspension/revocation period for a 2 nd or 3 rd DUI offender who installs an IID device.

2 nd DUI Offenders (alcohol only) may get a restricted license after 90 days. (requires enrollment in DUI classes)

3 rd DUI Offenders (alcohol only) may get a restricted license after 6 months. (requires enrollment in DUI classes)

You will need to fill out a DMV 925DL form. Here is a link for that form. https://www.dmv.ca.gov/vehindustry/miid/dl925.pdf

When completing the DL 925 form:

  • The IID installer must complete Section 1 (Driver Information) and Section 2 (Installer Information)
  • The driver must complete and sign Section 3 (Driver Authorization).

Any Questions for the DMV can be answered by DMV Driver Licensing Mandatory Actions Unit at (916) 657-6525 . There will be a $15.00 restriction fee paid to the DMV

How Much Does an IID Cost and Where Can I Get an IID?

A licensed installer has the certified device required. Here are some links to IID installers in California: , , ,

Installers generally charge $75-100.00 for the initial while-u-wait installation and about $75.00 dollars per month after that. Every 60 days the law requires you to take your car and IID unit to the installer to make sure it's working properly. The cost for the check is usually included.

How Does the IID Work?

The IID uses standard fuel cell technology similar to that used by the CHP in roadside preliminary alcohol screening testing done by hand held devices on the side of the road. The device is pre-set not to let the engine start over the pre-set level of alcohol in the sample. After you begin driving the IID randomly asks you to submit additional breath samples. If you fail the test the IID does not shut the car off but does register a failed test. It keeps records of all starts and tests. No IID is tamper-proof but if tampering is proven a driver can convicted of a crime or have the restricted license suspended.

Attorney Joe Whittington represents clients in Bakersfield and the surrounding courts including Lamont, Delano, Shafter, Mojave and Ridgecrest. He handles all criminal cases including drug possession and sales, domestic violence, theft cases, traffic law and DUI.