IID Restriction – Early License Reinstatement / Restriction with IID (Ignition Interlock Device) & California DUI conviction

IID Restriction – what is it?  You can get driving again – and minimize or avoid serving any period of suspension – by installing an Ignition Interlock Device, Enrollment in Alcohol Program, Filing of SR-22, and Paying DMV Fees.

Before possibly having to deal with reinstatement or restriction, the most important thing is for your San Diego DUI attorney to request the DMV administrative hearing within 10 calendar days of the incident.

The new California DUI conviction requires one to put an Ignition Interlock Device (IID) in one’s vehicle but allows that first-time DUI driver if he or she submitted to a blood or breath test (without a Refusal or Forced Blood Test warrant) the ability to reinstate full driving privileges early, or even without serving any period of suspension of license (or at least minimize that period while getting the other 3 above requirements in place).

Previously first time DUI drivers had to wait at least 30 days.  Second time DUI drivers had to wait 90 days before getting driving privileges reinstated upon doing the requirements.

Driving after DUI – Ignition Interlock Device (SB 1046) law effective January 1, 2019: 

This law allows those first time DUI (VC 23152) arrestees who receive a suspension under the Administrative Per Se law to obtain an IID Restriction (full Early Reinstatement with IID) driving privilege, and receive credit toward their required IID Restriction period if they are later convicted of Vehicle Code Section 23152.

Additionally, courts have the discretion to order a non-injury first DUI offender to install an IID for a period of 1 to 3 years.

If the court does not order IID installation, a non-injury first offender may apply for a driver license for the IID Restriction or, alternatively, non-IID restrictions that allow her or him to drive to, from, and during her or his employment and to and from activities required in the DUI program for 12 months. 

A VC 23512 arrestee can therefore choose:

1.  To avoid a 30 day hard suspension from DMV by installing Ignition Interlock Device; or 

2.  A 12 month suspension with no IID and if DMV upholds the separate Administrative Per Se Suspension action at the DMV hearing, 30 day hard suspension unless made retroactive to – and consecutive with – any conviction, an 11-12 month restriction to and from work, during work, and to and from activities required in the DUI program.

If a VC 23152 arrestee is arrested and convicted for a first offense (and not a chemical test refusal), he or she is ordered to complete an alcohol program.  DMV suspends for 6 months based on the conviction.  Driver can seek full Early Reinstatement with IID or get the restriction after the expiration of a separate30 day administrative suspension action. 

(1) That person can immediately obtain a restricted license if court orders the Ignition Interlock Device or

(2) if court does not order IID, the driver can get a restricted license to and from work, during work and to/from program without an IID.  The suspension is 12 months but after 30 days unless retroactive to any conviction, the 11-12 month restriction can begin upon (A) proof of enrollment in program; (B) Filing of SR-22; and (C) Payment of DMV reissue fees. 

In sum, California Vehicle Code Section 13353.6 authorizes termination of suspension if separate administrative per se hearing suspension as long as IID is installed and other requirements are met.

Alternatively, Vehicle Code Section 13352.4 provides for a 12 month suspension with work/program restriction option and no IID.  So after thirty day hard suspension, DMV may impose an eleven-twelve month restriction.

However, repeat or multiple offenders for driving under the influence (DUI) and first DUI offenders whose violations resulted in injury, must install an ignition interlock device (IID) for a period ranging from 12 to 48 months.  There’s no non-IID longer restriction option for those people. 

Offenders who install an IID may drive anytime or anywhere, provided the vehicle is equipped with an IID.  They are not limited to and from their course of employment or alcohol treatment program.

These provisions apply to DUI violations that involve alcohol or the combined use of alcohol and drugs. They do not apply to drug-only violations. 

The verbiage repeatedly notes violations, meaning the new law applies only to arrests after 1/1/19.

California DMV will tell the driver how long the Ignition Interlock Device must be installed in the vehicle, usually six months or length of a nine month program for first offenses, depending on what happens when your DUI lawyer handles your court case and with the separate Department of Motor Vehicles administrative hearing.

This allows drivers to drive to and from work and during the course of employment, as well as to and from a California DUI program.

Complications involving multiple DMV reissue / reinstatement fees depend on the correlation to the original suspension actions, subject to the California Vehicle Code / Department of Motor Vehicle requirements.

Court and DMV administrative hearings and suspensions are completely separate and independent from each other so the driver should contact his or her California DUI attorney for specific information.

An IID in your vehicle means you have to blow alcohol-free in the IID breathalyzer before your vehicle will start.   And if you fly to Denver, Colorado, you can rent a vehicle with an IID.

See this “Ignition Interlock Device (IID) article for language of the California IID law.

The bottom line is to hold-off until the court has been completed and to see if court orders an IID or not.  Plus have your attorney continue the DMV hearing to the full extent allowed.