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10 Oct


Posted by David Jones on Oct 10, 2013


If you pled to or were convicted of a misdemeanor for driving under the influence (DUI) of alcohol/drugs in violation of California Vehicle Code (CVC) §23152, a felony DUI with injury in violation of CVC §23153, or vehicular manslaughter while intoxicated in violation of California Penal Code §191.5(b) in Tulare County you must install a Ignition Interlock Device (IID) in each vehicle you own or operate.

What is an Ignition Interlock Device (IID)?

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 require periodic breath samples to ensure continued absence of alcohol in the driver's system.

Do I Need to Install an IID?

If you pled to or were convicted of a DUI in Tulare County for a violation that occurred between July 1, 2010, and December 31, 2015, you must install a IID. Before a driver license can be reissued, you must serve a specified period of suspension or revocation and provide the DMV with the following:

•    A Department of Motor Vehicles Ordered Verification of Ignition Interlock, (DL 924, form)

•    An alcohol treatment program Proof of Enrollment Certificate, (DL 107, or DL 101 form)

•    A California Insurance Proof Certificate, SR 22.

•    Pay all applicable reinstatement fees and a $45 administrative service fee.

Once you comply with all reinstatement requirements, DMV will restrict you to drive only vehicles equipped with a IID (in addition to any other applicable restrictions) until your IID restriction ends.

IID Restriction Terms

During your IID restriction period, you cannot drive a vehicle that is not equipped with a IID. The term of the IID restriction period is based on the current DUI offense and the number of DUI offenses you have within the prior 10 years:

Number of Offenses IID Period for VC 23152 IID Period for VC 23153

1                                              5 months                               12 months

2                                              12 months                            24 months

3                                              24 months                            36 months

4 or more                              36 months                            48 months

How do I get an IID Installed?

Contact a certified California IID installer. To obtain a list of certified IID Installers you may:

•    Visit DMV's website at     www.dmv.ca.gov/vehindustry/ol/forms/ignitioninterlockdevicelist.htm.

•    Call DMV at 1-800-777-0133.

•    Visit a DMV office.

Note: IID installers in all counties are required to offer eligible pilot program participants reduced fees for IID installations and calibrations. The cost will be determined by your income in comparison to federal poverty guidelines.

What Happens After an IID is Installed?

Once installed in your vehicle, the IID must be calibrated and inspected by a certified installer at least every 60 days. The inspections ensure that the device is working properly with no evidence of tampering. If the installer notifies DMV that you failed to comply with any of the IID requirements, DMV will “pause” the IID restriction. You will be ineligible to operate a vehicle until DMV receives a new DL 924 or a letter from the IID installer indicating that the IID remains installed and is functioning properly, or that you are back in compliance with the IID maintenance and calibration requirements.

The full restriction term must be served before the IID restriction will be removed from your driving record. If you violate your restriction and drive a vehicle without a functioning IID during your IID restriction term, you will be cited by law enforcement and have your vehicle impounded.

What if I Don't own a Vehicle?

You may qualify for an exemption, you must submit a signed Exemption for Ignition Interlock Device, DL 4055B, form that certifies under penalty of perjury that you:

•    Do not own a vehicle. 
Note: If you own a vehicle that is on a nonoperational status, you do not qualify for an exemption. DMV will access your registration record(s) to verify the certification.

•    No longer have access to a vehicle at your place of residence.

•    No longer have access to the vehicle used when your DUI offense occurred. DMV will only approve exemption requests that are submitted within 30 days of the suspension or revocation notice mail date.

David Jones

David E. Jones is a Central Valley area DUI and criminal defense attorney who represents those accused of DUI and other crimes in both state and federal court. Mr. Jones has practiced criminal law throughout Fresno, Madera, Kings and Tulare counties since 1996. Mr. Jones was a Deputy District Attorney for Fresno County 12 years and has been an instructor for the Police Academy for over 10 years. He is an experienced and respected trial attorney.

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