Law Firm of Aaron Bortel

FAQs On Ignition Interlock Devices In California

By Amy Tanner – Department of Motor Vehicles – Assistant Legislative Officer

Q: What Happens To A Person Who Gets A Refusal? Do They Still Have The Ability To Get IID, SR-22, And Proof Of Enrollment And Drive?
A: Effective 1/1/19, SB 1046 allows for optional IID restrictions for individuals arrested of driving under the influence of alcohol under California’s Administrative Per Se (APS) laws. However, APS offenders who refuse the chemical test and individuals under age 21 are NOT eligible for these optional IID restrictions. Additionally, upon being convicted of a DUI by the court, these individuals may be eligible for optional IID restrictions and/or subject to mandatory IID installation once they complete their APS refusal, suspension/revocation, depending on whether they have had any prior DUI convictions.
Q: They Choose Not To Do IID, SR22, Enrollment. Do They Have To Do The DMV Hearing? Do They Suffer Suspension And For How Long?
A: A DMV hearing may be requested when the driver wants to show the suspension/revocation is not justified. However, the driver is never obligated to request a DMV hearing. APS offenders who are not eligible for Optional IID restrictions, and APS offenders who are eligible for Optional IID restrictions, but choose not to install an IID, are required to serve the following suspension/revocation periods:


  • 4 month suspension – 1st APS offense
  • 1 year suspension – 2nd and subsequent APS offense


  • 1 year suspension – 1st Refusal
  • 2 year revocation – Refusal with 1 prior
  • 3 year revocation – refusal with 2 or more priors

Q: Clients Get SR22, IID And Enrolls In A Program. Can The Attorney Still Request A DMV Hearing? If So, What Happens With A Negative Outcome Or What Are The Consequences?
A: Yes, a driver or a driver’s attorney may still request a DMV hearing even if the driver is on Optional IID restrictions. If DMV sustains the suspension based on the hearing, there will be no negative impact, and the driver may continue driving with the IID restrictions. If the APS offender is not on Optional IID restrictions, DMV will impose a stay on the suspension until the results of the hearing are determined. If the DMV sustains the suspension, then the driver can obtain the IID restriction by providing proof of enrollment in a DUI program and proof of IID installation, filing an SR22, and paying all applicable fees.
Q: Once All Requirements Are Done Before The 30 Days. Are They Accumulating Credit Towards IID Requirement Once A DUI Conviction Happens? For Example, IID, SR22 And Enrollment In DDP Are 4 Months In IID. The First Time Program Is Then Complete. 1 Month Left Of IID Of The 5 Months Requirement. 4 Months Of The 3 Year Requirement Of SR22.
A: If a driver is on Optional APS IID restrictions, the total time they serve on Optional APS IID restrictions will be applied to the mandatory IID requirement, if applicable, If they are subsequently convicted of an alcohol-related DUI by the court. However, it should be noted that under SB1046, 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 them to install an IID, but they can take advantage of Optional IID installation. Also, repeat DUI offenders whose violations involved drugs only (no alcohol) are NOT subject to mandatory IID installation upon conviction.

However, they can take advantage of Optional IID restrictions after serving 12 months of their required suspension/revocation period if they enroll in a DUI program, provide proof of IID installation, submit an SR22, and pay applicable reissue and administrative service fees.

Q: Does The Client Get To Opt Out Of IID But Do Restricted License? If So, What Are The Terms? It Is My Understanding 12 Month Restriction To And From And All Other Requirements including Mandatory Suspension And SR22 And DDP Enrollment Apply.
A: Yes, but only on a first time non-injury DUI conviction. The driver may choose to obtain an IID restriction for a period of six months, a to/from/during course of employment and to/from DUI program (COE) restriction for a period of 12 months, or serve the 6 months’ suspension period. They would not be eligible for full reinstatement until all other reinstatement requirements are met.

IID Restriction Requirements (6 months):

  • Proof of enrollment in a DUI program
  • SR22
  • Installation of an IID
  • Pay all applicable fees

COE Restriction Requirements (12 months):

  • Proof of enrollment in a DUI program
  • SR22
  • Pay all applicable fees

Full Reinstatement (after serving minimum of 6 months suspension):

  • Proof of completion of a DUI program
  • SR22
  • Pay all applicable fees

Aaron Bortel

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