California’s court system requires many drivers convicted of driving under the influence (DUI) to install an ignition interlock device (IID). But do I have to get an interlock device if I don’t own a car? Generally, you have to install an IID on all vehicles you own or operate after you are convicted of a DUI.
If you don’t own a car or otherwise regularly operate a vehicle, you may get your IID installation requirement waived in California. However, you will have to take legal steps to receive approval to get this requirement set aside. To speak with a Los Angeles DUI lawyer, fill out our online contact form or give us a call now.
What Is an Ignition Interlock Device, and What Is its Purpose?
An ignition interlock device (IID) is a mechanism installed in a vehicle to prevent the engine from starting unless the driver passes a breathalyzer test for alcohol consumption. Here’s a breakdown of its purpose and functionality:
- Alcohol detection: The primary function of an IID is to detect the presence of alcohol in the driver’s breath before allowing the vehicle to start.
- Prevention of drunk driving: By requiring the driver to blow into the device and register a blood alcohol concentration (BAC) or breath alcohol content below a preset limit, IIDs help prevent drunk driving incidents.
- Court-ordered requirement: IIDs are often mandated by courts as a condition of probation for individuals convicted of driving under the influence (DUI) or driving while intoxicated (DWI) offenses.
- License restoration: In many jurisdictions, installing an IID is a prerequisite for reinstating a suspended or revoked driver’s license following a DUI or DWI conviction.
- Monitoring and data recording: IIDs are equipped with data recording capabilities, allowing authorities to monitor usage and detect any attempts to circumvent the system.
- Promotes responsible behavior: Beyond preventing drunk driving, IIDs serve as a deterrent, encouraging individuals to make responsible decisions regarding alcohol consumption before getting behind the wheel.
California’s General Requirements for IID Installation
California recently rolled out a state-wide ignition interlock program for drivers convicted of DUIs. Under this new ignition interlock law, almost all drivers convicted of a DUI are ordered to install an IID after a conviction. Generally, drivers are expected to install the IID in order to get an IID-restricted license.
Drivers with an IID-restricted license are allowed to operate their motor vehicles, even after driving under the influence of alcohol. IIDs are a kind of breathalyzer device that can detect the concentration of alcohol in your system. They measure your blood alcohol content (BAC) each time you try to turn on your motor vehicle. You also have to perform “rolling” tests with an IID while you drive.
However, getting an IID can help you avoid a license suspension here in Los Angeles. Drivers must install IIDs on:
- All motor vehicles registered in their names
- All motor vehicles they drive regularly
Driving a motor vehicle without an IID after many DUI convictions is against the law in California.
Waiving the Ignition Interlock Requirement if You Don’t Own a Car
As we mentioned, you need to install an ignition interlock device on all vehicles you own or drive after many DUI convictions in Los Angeles. However, what happens if you do not own a car? In this case, the court can waive the requirement for you to install an ignition interlock device.
You cannot just say you don’t have a vehicle to avoid installing an ignition interlock. You must prove to the court that you don’t have a car. Normally, you’ll need to complete a “declaration of non-ownership.” The court can provide you with this document.
Declarations of non-ownership allow you to legally state that you do not:
- Own a vehicle
- Have access to other drivers’ vehicles
- Have access to vehicles owned by your employer
After completing this form, you will need to turn it back into the court. The court will then forward the information to the Department of Motor Vehicles (DMV). Note that the information you submitted will be assessed.
For example, the court may not accept a declaration of non-ownership if the DMV reports that you have a vehicle registered in your name. Your form may also be refused if the DMV reports that someone else in your household has a vehicle.
Move Quickly to File a Declaration of Non-Ownership
Legally, you do not have to install an ignition interlock if you can prove you don’t have a car in Los Angeles. However, you should keep in mind that you need to move quickly after a DUI arrest or conviction. Make sure that you file a declaration of non-ownership without 30 days of a court order to get an IID.
If you wait too long, the court will not accept your declaration of non-ownership. They will expect you to install an IID and submit proof of installation. However, you will be unable to take this step if you do not have a vehicle. This could lead to an accidental violation of the terms of your probation.
Other Potential Penalties for DUIs In California
If you’re facing an alcohol offense, there may be other consequences beyond having to have cars with ignition interlock. Consequences of a DUI conviction can significantly impact various aspects of an individual’s life, including:
- Criminal penalties: Fines, probation, community service, or imprisonment may be imposed, depending on the severity of the offense and prior convictions.
- Driver’s license suspension or revocation: A DUI conviction often results in the loss of driving privileges for a specified period, hindering personal mobility and potentially affecting employment.
- Insurance premium increase: Insurance rates typically skyrocket post-DUI conviction, making it more expensive to maintain coverage.
- Ignition interlock device requirement: Some jurisdictions mandate the installation of an ignition interlock device, further restricting driving privileges.
- Employment and professional consequences: A DUI conviction may lead to job loss, especially in positions requiring driving or professional licenses, and can tarnish one’s reputation within their community or industry.
Should You Partner With a DUI Attorney?
Facing charges of driving under the influence (DUI) can be a daunting experience with potential consequences that extend far beyond the courtroom. If you find yourself having to install an ignition interlock device, partnering with experienced DUI lawyers can significantly impact the outcome of your case and alleviate some of the stress associated with the legal process.
Knowledge of DUI Laws and Procedures
DUI laws vary from state to state and can be complex to navigate. Our team of experienced trial lawyers possesses extensive knowledge of local laws and courtroom procedures. They understand the intricacies of DUI cases, including potential defenses, plea bargain options, and strategies for minimizing penalties.
Strategic Defense Planning
Crafting a strong defense strategy is crucial in DUI cases. Our lawyers conduct thorough investigations, scrutinizing the evidence against you and identifying weaknesses in the prosecution’s case.
Whether challenging the legality of the traffic stop, questioning the reliability of field sobriety tests, or disputing the accuracy of breathalyzer results, they employ strategic tactics to advocate for your rights and interests.
Negotiation Skills and Courtroom Advocacy
In many DUI cases, negotiation skills can lead to favorable outcomes such as reduced charges or penalties. Our DUI lawyers are adept negotiators who engage with prosecutors to seek favorable plea deals when appropriate.
However, if your case proceeds to trial, you can trust attorney Michael Simmrin to vigorously advocate for you in the courtroom, presenting compelling arguments and evidence on your behalf.
Personalized Guidance and Support
Navigating the legal system can be overwhelming, especially during a DUI case. Our lawyers provide personalized guidance and support at every step of the process, keeping you informed, addressing your concerns, and working tirelessly to achieve the best possible outcome for your case.
Get Help from a DUI Lawyer in Los Angeles Right Now
It is generally recommended that you request and complete a declaration of non-ownership at your DUI hearing. A Los Angeles DUI lawyer can help you acquire all the necessary forms and ensure that they’re filed on time.
Contact us for help, starting with a free consultation, by calling or filling out our online contact form. We’re here to help you fight or navigate drunk driving charges.
