Exemptions to the Ignition Interlock Device Requirement
Posted By Law Offices of Scott Henry || Jul 13, 2016
If you are convicted of a DUI in California, you will potentially face
a number of different penalties. You are likely to be ordered to pay fines,
have your driver's license suspended, be mandated to attend alcohol
education classes and alcohol counseling, be placed on probation and be
ordered to complete a sentence in jail. Most drunk-driving offenders are
also ordered by the court to pay for and install ignition interlock devices,
or IIDs, on every vehicle that is registered to them.
What ignition interlock devices are
An IID is an electronic device that is attached to the dashboard of your vehicle. It is a type of breathalyzer that connects to your starter, interrupting the signal sent from the ignition to the starter until you are able to blow into the device and give an alcohol-free breath sample. Installation of an IID is required if you are convicted of a second offense or more. Some counties in the state require installation of an IID for first-time offenders as well. If you have been charged with driving under the influence, you should seek legal help as soon as possible. We are the leading DUI defense law firm in Riverside, San Bernadino and Orange County and are prepared to build your defense.
Exemptions from the IID installation requirement
There are certain situations in which a court may grant an exemption from the IID installation requirement for offenders who are convicted of drunk driving.
Scott Henry, the leading criminal defense attorney for DUI matters in Riverside, San Bernadino and Orange County, understands the possible exemptions and will fight for you to receive one if it appears that you may be eligible. The exemptions include any of the following circumstances:
- If the closest IID service facility is located more than 50 miles from where you live at the time of your sentencing, the judge may find that requiring the installation of an IID would place an undue hardship on either you or your family.
- If you provide proof to the court that the car registered to you is not running and you will be unable to transfer the title to it to another person, the court may grant an exemption.
- If you job requires you to drive a company car, the court may allow you to operate the vehicle owned by your employer without installing an IID on it.
- If you live in a different state and the installation of an IID would create an undue hardship on your family or you, you may be granted an exemption.
- If you own your own business as a sole proprietor and have two or more cars registered in your name, the court may require you to only install an IID in one of the vehicles.
- If, after hearing evidence, the court finds that the hardships that would happen with an IID installation are greater than the chance that you will drive drunk while you are serving probation, the judge may exempt you from installing an IID on your car.
Reluctance of courts
Judges are very reluctant to grant exemption requests for installing ignition interlock devices to people who are convicted of drunk driving in the state. Criminal defense lawyer Scott Henry can review your particular circumstances and advise you about your possible eligibility for an IID exception. Avoiding driving after you have been drinking is the best approach. If you are still charged with driving under the influence in southern California, it is important that you get legal representation from an experienced attorney immediately. To schedule a consultation with lawyer Scott Henry, call our firm today.