A person convicted of DUI may be ordered by either the Court or the DMV to install an Ignition Interlock Device (IID) in any vehicle that they own or operate. In fact, for repeat DUI offenders an IID will be required by DMV before they will re-issue the person's driver's license. How long the IID must remain installed depends on how many prior DUI convictions the person has, but generally will be for a period between 6 months and 3 years. The Court may also order a person to install an IID for up to 3 years. In most California counties, Judges will only order the IID as a probation term for repeat offenders.
DMV Penalties for Not Complying with IID Order
A driver's license suspension can occur if a person does not comply with a DMV requirement that they only drive with an IID installed in their vehicle. If the person had their driver's license re-issued after showing proof of IID installation and they subsequently remove it or violate the compliance requirements by blowing into the device with alcohol on their breath, DMV will immediately re-suspend their driver's license. Other IID violations which could result in the DMV reimposing a driver's license suspension include failing to service the IID at least once every 60 days, attempting to bypass the IID, or tampering with the device.
Penalties for Not Complying with Court Order
Judges may order IID compliance as a term of probation for a person that has been placed on probation for a DUI or a violation of Vehicle Code section 14601.2 (driving on a suspended license). Non-compliance with this term would be a violation of probation. A person may violate the order by any of the actions noted above that would violate the DMV requirement. If the individual is on probation, with the IID as a term of that probation, DMV will notify the Court of the violation.
New Criminal Charges
In addition, if an individual is driving a vehicle without an IID installed, in violation of either a DMV requirement or Court order/probation term, he or she could also be charged with a new misdemeanor offense for violating Vehicle Code section 22347(e) ("It is unlawful for any person whose driving privilege is restricted....to operate any vehicle not equipped with a functioning ignition interlock device"). This charge is almost always filed along with a charge of driving with a suspended license since more times than not the person has not had their driver's license re-issued (since they would have needed to install the IID in order to have this done).
If you have been ordered to install an IID in your vehicle and have violated the DMV requirement or Court order to do so, CONTACT our office today to speak with attorney Robert D. Berglund. Do not continue to drive without the IID and with a suspended driver's license.