Can I Get My License Back After a DUI If I Install an IID?

If you choose to install an ignition interlock device, you may be able to drive without restrictions after a DUI license suspension.

Can I Get My License Back After a DUI If I Install an IID?

In California, one of the penalties for a driving under the influence (DUI) conviction is the loss of your driver’s license. Immediately after a DUI arrest, the California Department of Motor Vehicles will suspend your driver’s license (unless you successfully contest that suspension). If you are convicted or plead guilty to a DUI, then the court will impose a driver’s license suspension, in addition to other criminal penalties. The length of the suspension is based on the severity of the crime and whether you have past DUI convictions.

As a DUI attorney in Rancho Cucamonga, CA can explain, in 2019, a new law came into effect (Senate Bill 1046) that allows individuals who have been arrested on suspicion of DUI to immediately apply for an “IID restricted license.” By installing an ignition interlock device (IID), you can continue to drive without restriction for as long as the IID is installed in your vehicle(s). For a first-time DUI, the IID license lasts for 4 months. For second and subsequent offenses, the IID license lasts for 1 year.

So what is an IID? In essence, an IID is a mini-breathalyzer that is installed onto the steering column of your car. It is approximately the size of a cell phone. In order to start your vehicle, you must provide an alcohol-free breath sample by blowing into the IID. If you don’t blow into the IID or if you have alcohol on your breath, then your car won’t start. Once your car has started and you are driving, the IID will request additional breath samples (with 6 minutes to pull over for safety in order to blow into the IID). The first request will come within 5 to 15 minutes after you start driving, with additional requests approximately every 45 minutes after that. If you don’t pass the breath test — or do not provide one — your car will continue to run. However, the device will register that you failed, and that failure will be reported to the court.

IIDs are tamper and fraud resistant to prevent you from removing the device or having someone else submit a breath sample for you. It is also a criminal offense to ask someone else to blow into the IID for you. You will be responsible for the cost of the ignition of the IID, as well as the cost of operating the device (approximately $2.50 per day).

In many DUI cases, you can get a restricted license without having an IID installed. However, with a restricted license, you can only drive to and from work, school, or a court-ordered treatment program. With an IID license, a court will typically allow you to drive anywhere, without restriction.

If you have been arrested on suspicion of driving under the influence, an IID may be a way for you to continue to drive as long as you do not consume alcohol before driving. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com if you are facing DUI charges. We’ll advocate for you throughout the process, defending your rights and your freedom.

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