Are there exceptions to the IID requirement in a California DUI case?
If you are convicted of any DUI-related offense in California, a judge can order you to install an Interlock Ignition Device (IID) onto your vehicle. But exceptions do apply. Note that IID’s are essentially mini-breathalyzer instruments installed onto your vehicle that prevent your car from operating unless you successfully provide an alcohol-free breath sample.
1. Will I have to install an IID if I am convicted of California DUI?
In many other DUI cases, the judge has the discretion to order the defendant to install an IID.
2. Are there exemptions to a mandatory IID installation?
Yes. Drivers may qualify for an IID exemption if they:
do not own a vehicle,
do not have access to a car,
no longer have access to the vehicle used when arrested for DUI,
reside outside of California and completed a DUI treatment program, and/or
have a medical condition that does not allow them to breathe with sufficient strength to activate the IID.2
Depending on the facts of your case, other exemptions may apply. This is especially true if you would suffer from some hardship from installing an IID.
While exceptions do exist, judges are extremely hesitant in relieving those convicted of DUI-related offenses from the IID requirement. Thus, it is important to consult with an experienced DUI attorney to help you determine whether you qualify under one of the specified exceptions. (Refer to our article about California DUI 1st Penalties.)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.