Driving Without an Ignition Interlock Device

It is a probation violation to drive a vehicle without an ignition interlock device or IID installed in your vehicle after a court has ordered you to do so. If you get caught driving without an IID while on probation, chances are that you will be arrested and you will be required to attend a probation violation hearing. If this happens, the judge can enforce stricter probation terms, even worse, sentence you to jail. The length of the jail sentence will depend on the circumstances of your case, but it can include time for violating a court order, driver's license violation, and the original DUI conviction.

Getting Arrested for Driving Without an IID

If you are caught without an IID in your vehicle after being ordered by a court to have one installed, there is an extremely high likelihood for you to get arrested. When you get pulled over, the police officer will ask for your license and registration. The officer will then run your license and they will see that you have been directed by a court to have an IID installed. You can get arrested, the vehicle you are driving can get impounded (even if it not yours), and you will be directed to attend a probation violation hearing.

If you are ordered by the court to have an IID installed, you will need to provide proof that had one installed in your vehicle. The court will expect that you comply with this order even if you do not own a vehicle. You must formally claim that you do not own a vehicle by filing a declaration of non-ownership with the court and/or the DMV.

Consequences of IID Violation in California

Driving without an IID is not a crime but it is a probation violation. Because it is not a distinct crime, the judges have discretion when it comes to imposing the penalties. Possible penalties include, but are not limited to the following:

• Extend the period required to have an IID installed
• Payment of fine and/or community service
• Revocation of your probation and imposing the original jail sentence for the underlying DUI offense

Another penalty is that the DMV can suspend or revoke your license.

Take note that if the judge extends the period required to have an IID installed in your vehicle, you will have higher costs because you have to make payments to maintain your IID.

Common Ways to Get Caught Driving Without an IID

There are 3 common ways to get caught:

• Not ever installing an IID despite being ordered by a court to do so
• Driving someone else's vehicle that does not have an IID installed
• Buying a new vehicle and not have an IID installed

The companies authorized to install IIDs have to inform the DMV which cars they have installed IIDs on. The DMV then forwards this information to the court. Due to this process, the court will most likely find out if you have not installed an IID on your vehicle. Once the court discovers that you did not have IID installed on your vehicle, it will issue a bench warrant, and during the hearing, you will have to prove that you indeed had IID installed in your vehicle.

If you get pulled over while driving another person's vehicle, the officer will discover from your license that you are only allowed to drive a vehicle with an IID.

If you buy a new vehicle means that it will be registered in your name. The DMV will see that you have a new vehicle without an IID installed. If a company authorized to install IIDs does not inform the DMV that you had an IID installed in your new vehicle, the court will then demand an explanation.

Mistakes Happen. Penalties and Jail Don't Have To.

Getting caught not having an IID installed in your vehicle is a lot more trouble than it is worth. It may not be a crime in itself, but the consequences could severely impact your life. Although we are fielding inquiries from a lot of people in similar situations, we will do our best to put you in contact with an experienced lawyer from our firm.