Ignition Interlock Devices After a California DUI

What the program requires

According to the DMV, the Statewide Ignition Interlock Device Pilot Program applies to DUI offenses involving alcohol, or alcohol and drugs, that occur from January 1, 2019, through December 31, 2032. It requires repeat offenders and offenders whose DUI caused injury to install an IID for a period of one to four years, depending on the number of prior DUI convictions and whether the offense involved injury. Drivers with an IID restriction may drive anytime and anywhere, as long as the vehicle has the device.

The DMV lists exceptions, including first-time offenders whose offense did not involve drugs only and caused no injury, repeat offenders whose offense involved drugs only, and drivers granted an exemption. An exempted driver must serve the full suspension or revocation and complete the DUI program.

First offenses and the time after arrest

For a first alcohol-related DUI without injury, the DMV states that a court may order an IID for up to six months upon conviction. Without a court order, a first-time offender can generally choose either an IID restriction for up to six months or a restriction that allows driving to, from and during work and to and from the DUI program for one year.

After the arrest, before any conviction, drivers facing an administrative per se suspension may opt for an IID restriction. The DMV lists up to four months for a first-time non-refusal case and up to one year for a repeat non-refusal case, and says that drivers who choose this option immediately may avoid a suspension period. Time with an IID after the arrest may be credited toward a later mandatory period.

• The DMV restriction is separate from the DMV hearing; the hearing cannot grant a restricted license.
• Refusal cases are treated differently from cases with a test result.
• Use a device from a provider on the DMV's list of certified manufacturers.

What the DMV asks for

Before issuing an IID-restricted license, the DMV generally requires that other suspensions on your record are cleared, proof that the device was installed (form DL 920), proof of enrollment in or completion of the right DUI program, an SR 22 insurance certificate and payment of the reissue and restriction fees. The DMV also describes an exception for driving an employer's vehicle during work, which requires a form provided to the employer.

Because the IID rules interact with the DMV hearing, the court case and any prior offenses, ask an attorney to map out the options before you choose one. Choosing a restriction early can affect what you do at the hearing.