FAQs On Ignition Interlock Devices In California
By Amy Tanner – Department of Motor Vehicles – Assistant Legislative Officer
|Years||Conviction of CVC 23152||Conviction of CVC 23153
1 (Court Discretion/Mandate)
|6 months (DMV Admin)||6 months with IID or 12 months restricted to from|
|2 (with or without injury)||12 months (DMV Admin, Mandated)||Mandated|
|3 (with or without injury)||24 months (DMV Admin, Mandated)||Mandated|
|4 (with or without injury)||36 months (DMV Admin, Mandated)||Mandated|
Under AB-91 DUI offenders must complete APS hard suspension prior to the installation of the IID for a restricted license.
|Number Of Offenses Within
|IID Restriction Period For Conviction Of CVC 23152||IID Restriction Period For Conviction Of CVC 23153 or CA Penal Code 191.5(b)|
|1||5 months||12 months|
|2||12 months||24 months|
|3||24 months||36 months|
|4 or more||36 months||48 months|
Option 1 – Install IID Right Away
- Install an ignition interlock within DS-367 (30 days) provisional license or any time thereafter
- Can avoid the 30 days hard suspension
- Judge may also allow day for day credit for early installation of (IID) if ordered upon conviction.
- IID is required for 6-months, offender has unrestricted driving privileges.
Option 2 –Restricted “To-From” License
- 12-month restricted “to-from” license, can only drive to work, school, or treatment
- Only available upon conviction
- Must serve 30 days APS hard suspension
- Clientcan convert to IID at any time duringsuspension
- Credit for APS 30 days hard suspension
Option 3 – No Driving
- Forfeit all driving privileges for 6 months suspension period (Wait out suspension)
- Full reinstatement after serving minimum 6 months suspension with credit provided for APS 30 days hard suspension
- Proof of completion of a DUI program
- SR 22
- Pay all applicable fees
- All second and multiple offenders are required to install the IID in order to obtain IID restricted license
- No “to-from” restricted license option available
- Installation of IID avoids APS and court suspension period
- Offender cannot wait out IID requirement or suspension period in order to reinstate DL
|Mandated IID Installation Requirement|
|2nd Offense||3rd Offense||4+ Offenses||4+ Offenses|
|12 months||24 months||36 months||48 months|
- DUI offenses resulting in injury or death to a victim(s) are mandated
- Immediately eligible for IID Restricted License with proof of IID,
- No hard suspension period
Mandated IID Installation Requirement
- Must complete their APS refusal suspension/revocation to become eligible for optional IID restricted DL
- Defendant may be subject to mandatory IID once they have completed their APS refusal suspension/revocation period depending on any prior DUI convictions
- If DMV sustains suspension based on hearing there is no negative impact to the defendant
- Defendant may continue optional IID restricted DL for the remainder of the term imposed
However, it should be noted that under SB-1046, IID installation is not mandatory for all individuals convicted of a DUI by the court. For example, first-time offenders convicted of a non-injury DUI are not subject to mandatory IID installation, unless the court orders.
Please note this issue is currently under review by DMV and Senator Hill to include 1st offenders.
- First time non-injury DUI cases only.
- All other DUI offenses are mandated to install the IID as a condition of reinstating their driver’s license.
Under SB 1046, APS violators may obtain an IID-restricted DL under VC §§13353.6 (1st offender) and 13353.75 (2nd and subsequent offender) immediately. Note-although a wet reckless conviction does not result in suspension, a court may require a person convicted of a wet reckless to install an IID, pursuant to VC §23103.5(g) (SB 1046). The IID period can start from 3 months but cannot be longer than the term specified in VC §23575.3 that would have applied if that person was convicted of a DUI.
No longer requires the participant to return to DMV to file new DL920, sent by the provider.
- VC 13352(m). The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (a) shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
- VC 23575(p) the requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
- SB-1046 did not contain any statutory provisions making it retroactive. Licensing requirements will be based on the law at the time of the violation.
- Option (1) A judge can order the IID six months
- Option (2) If the judge does not order the IID, the offender can choose an IID for 6 months, or choose a restricted “to from” license for 12 months
- Option (3) Defendant can also choose to wait out the 6 month suspension with no driving privileges
- Unrelated to SB 1046, VC 13352a4, VC 13352a5, and VC 13352a6 allows a drug-only offender to apply for an IID-restricted license (assuming non-AB 91 pilot counties)
- Repeat non-injury and injury drug-only offenders may apply for an IID restricted license after serving 1 year of their suspension period.
- Non-injury 1st offenders have an Employment/Treatment restriction option. Injury 1st offenders have no restricted license options.
Note, employee must carry a copy of the notice while operating the employer’s vehicle.
IID still required for the personal vehicle for this exemption to apply.
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