* * 2 DUI’s within 10 years, Drivers License back after 90 days of Suspension. * *

If you have two DUI’s with the last one being alcohol only VC §23152(b), and you currently have a suspended drivers license for 2 years, Vehicle Code §13352a(3) is for you. It says that you can do the IID option after 90 days of the suspension. Class C (normal passenger car) driver’s licenses only. The details are:

1. 90 days of the suspension have passed.

2. You have to be enrolled or have completed the 18 month SB38 or 30 month DUI class for this last offense. This means if you were in this DUI program before your second DUI occurred, it doesn’t count for this program.

3. If your still in the class you have to promise to complete the class. (You most likely are still in class.)

4. You have to install and promise to not drive without a functioning IID for the remainder of the suspension time. IID’s by law have to be maintained every 60 days or sooner. Here is the list of approved IID installers: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl31) The prices differ so check around.

5. SR-22 -DUI liability insurance certificate. These can be obtained from your auto insurance provider or many independent insurance agents who specialize in SR22’s like Breathe Easy 866-822-7755. The special insurance coverage is for 3 years.

6. Pay all sorts of DMV fees.

Note that those who do not qualify for this 90 day suspension IID program may be able to after 1 year. However, under §13352.5 you can get a normal restricted driver license(without an Ignition Interlock Device), rather than a Normal Drivers License with the IID condition. The difference is with the Restricted drivers license you cannot use it to frequent places where alcohol is the primary product of sale. It is primarily to be used for going to work and to the DUI school. With the IID conditioned drivers license(90 day for 1 year IID program) it has no restrictions except it alarms when any alcohol is detected. Notifying the IID installer, who notifies the DMV, who then notifies the court. To apply for this go to the DMV after the 90 days of suspension for paperwork or for them to check your qualifications.

* * 3 DUI’s within 10 years, Drivers License back after 6 months of Suspension. * *

If this is your third DUI in 10 years (3 year suspension) and your last DUI was alcohol only and not a refusal VC §23152(b), then after 6 months you can apply at the DMV for the IID program in Vehicle Code §13352 part (5). Otherwise you have to wait until after 12 month of the driving suspension is over. The IID would remain in your car for the remainder of the suspension time but you can drive. See VC 13352a(5), an Attorney or the DMV

With both options (6 month or 12 month) there are certain requirements and the program is for Class C driver’s licenses only.

1. You have to be enrolled or have completed the 18 month SB38 or 30 month DUI class for this last offense.

2. If your still in the class you have to promise to complete the class.

3. You have to install and promise to not drive without a functioning IID for the remainder of the suspension time. Here is the list of approved IID installers: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl31) The prices differ so check around.

4. Have to have a SR-22 DUI liability insurance certificate These can be obtained from your auto insurance provider or many independent insurance agents who specialize in SR22’s like Breathe Easy 866-822-7755 The special insurance coverage is for 3 years.

5. Pay all sorts of DMV fees.

The DMV would give you the details of the program when the suspension term was over.

To start the program, you go to the DMV and they can verify in their records if you qualify for it. Then they will give you the paperwork and a list of IID vendors to have the device installed. On my last blog I included the DMV approved vendor list and recommended checking them out since the prices, service, and locations vary. See part 1 IID blog.

* * Have a more serious DUI suspension problem from VC 23153, there may be an IID program for you. * *

There are some IID options also for people with VC 23153 convictions and suspensions listed in VC 13353, but you should talk with a DUI Attorney or the DMV for specifics.

* * If you have any other class of drivers license or special certification, I would recommend talking with the DMV like Motorcycle, truck/Bus drivers (Class A,B or M). * *

* * IID’s as a Condition of Release on Own Recognizance. * *

Judges in DUI cases have the option of setting a bail or conditions on you remaining released based on your case. Basically if they feel that you are a risk to the safety of the public or a risk of not showing up to court again, they can place a bail (Cash Bond) or conditions on your release. One type of condition, they can give you is an Ignition Interlock Device IID. If so, the court gives you a due date of when you will have to return with the proof of installation of a IID on your car, or be taken into custody until you establish bail. You would have to analyze which option would work the best for you based on costs, whether the court will allow you to drive on bail, and your need to drive. The can make you surrender your drivers license also as a condition of bail.

To check costs - DMV IID Vendor List: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl31)

Keep in mind that the IID tests for any amount of alcohol, so a .01 will result in a failure which gets reported to the court. I mentioned in part 1, that mouthwash, chewing tobacco, etc can set them off because they both contain or use alcohol in their manufacture, so that’s a failure.

* * IID’s as a Condition of Probation for a DUI or other Vehicle Code violation. * *

VC §23575 allows judges in California to include the installation of a Ignition Interlock Device as a term of your sentence on any DUI in California. The law encourages this condition in cases with drivers with a .15 Blood Alcohol Concentration or greater. On a first time DUI the law allows IID’s for any length of time up to 3 years. The Judge would decide. The DMV would be notified and terms of the IID would be the same as other programs above. This Law however does not shorten your drivers license suspension time but instead puts conditions on it once you can get your license back.

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