DUI and IID Exemptions

DUI And IID ExemptionsDrivers who are convicted of DUI in Los Angeles County are required to have an ignition interlock device (“IID”) installed in their vehicle as part of the DMV’s IID Pilot Program. Drivers convicted of DUI in Los Angeles, Sacramento, Alameda and Tulare counties are required to have an IID in their vehicle for at least six months. Drivers often ask about IID exemptions and there are circumstances where drivers can avoid the IID requirement.

How Does the IID Work?

The IID is designed to prevent drivers who have been consuming alcohol from operating a motor vehicle. The IID is installed into a vehicle’s steering column and the driver must blow into the device in order to start his or her vehicle. If the device detects alcohol on the driver’s breath sample, the vehicle will be unable to start. In addition, while the car is in motion the driver will periodically have to breathe into the IID in order to keep the vehicle moving. The IID records all breath test information and any positive breath tests may be communicated to the DMV or the sentencing court.

Available IID Exemptions

The DMV typically requires IID installation for all drivers in the participating pilot counties who are convicted of DUI. There are certain exemptions that may be available to drivers subject to the IID requirement.

Drivers who no longer own a vehicle may be able to apply for a non-ownership exemption. To qualify for this exemption, the driver would have to certify that he or she does not own a vehicle or have access to a vehicle. The DMV interprets “access” very broadly and drivers whose family members or roommates own vehicles may not qualify for an exemption. The driver may also have to provide proof that he or she sold the vehicle involved in the DUI incident or otherwise no longer has access to this vehicle. If a defendant owns several vehicles, he or she would be required to have an IID installed in all of them. The IID requirement applies to non-operative vehicles as well.

If the defendant is granted a non-ownership exemption to the IID requirement, he or she would not be able to drive any vehicle unless it is equipped with an IID. This exemption does not expire and the defendant would be expected to install an IID if he or she purchases or obtains a vehicle at a later date. Motorcycle riders should be especially careful. It is not possible to install an IID on a motorcycle, however those who are subject to the IID requirement would not be able to ride a motorcycle while the IID requirement is active. Drivers who violate this requirement can be charged with driving on a suspended license in violation of California Vehicle Code Section 14602.2 VC.

Drivers Who Move Out of State

Drivers who are convicted of DUI in one of the pilot counties who subsequently move out of state may also be able to apply for an IID exemption. The driver would be required to submit an affidavit to the DMV regarding the move and also provide proof that he or she no longer resides in California, such as a utility bill or other evidence. If the driver receives an IID exemption, he or she may still be subject to an IID requirement upon moving back to California within 5 years of the conviction.

If you or someone who know have been arrested for DUI and want more information about the IID requirement, it is crucial that you speak with an experienced DUI attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut works diligently on behalf of his clients charged with DUI offenses.

For more information about DUI and IID exemptions, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.