IID Restriction. What happens if I don't comply?

For people convicted of a first time DUI in Los Angeles County, it can come as a surprise that the DMV will not restore their driving privileges until they install in their vehicle an ignition interlock device. The DMV is operating a pilot program in Los Angeles County that mandates installation of the device for a period of five months as a condition of re-instatement of driving privileges following a DUI conviction. The device must be paid for and works with the vehicles ignition system to disable a vehicle if a person has been drinking alcohol. Basically, the device requires the driver of the vehicle to blow into a tube before the car will start and also intermitently requires breath samples as the vehicle is being driven.

It is not possible to avoid the device by simply waiting for the usual six month suspension period to run without applying for re-instatement. The device will still be required for a period of five months even if the licensee waits out the period of suspension. Likewise, if a person does not own or have access to a vehicle, that person qualifies for an exemption, but cannot drive any vehicle without an IID and must still install the device when they obtain a vehicle.

If a person fails to comply with the IID conditions, for example by blowing into the IID with alcohol in their system, a notice of non-compliance wil be forwarded to the license holder terminating driving privileges until the DMV receives a new DL 924 form stating that the device has been re-calibrated and that the licensee is now in compliance. The IID restriction would then be "reset" by the DMV and the IID termination date would be extended by the period that the licensee was not in compliance.

Any DUI offender who is required to operate a vehicle owned by his or her employer during the course of employment may operate the vehicle without an IID, if the employer is notified of the IID restriction. Upon request the DMV will provide the licensee with a Notice to Employer (DL 923) form that must be kept in the vehicle at all times.

If a person fails to comply with the IID requirement, driving privileges will not be restored following a DUI conviction in Los Angeles. Any person who drives a vehicle without complying with the IID pilot program faces a prosecution for driving on a suspended license.

The only effective way to combat the cost, embarrassment and difficulty of the DMV's IID requirement is to successfully defend the DUI charges. Even a reduction to a wet reckless in Los Angeles avoids the IID requirement. Los Angeles DUI lawyers Gold & Witham have a track record of successfully defending DUI prosecutions and thereby avoiding an IID restriction for their clients. You may call for a free consultation at 562 938 7771.

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