An attorney meets with her lawyer to explain the definition of a declaration of non-ownership in a DUI case.
A declaration of non-ownership in a DUI (driving under the influence) case is a formal statement that asserts that you don’t own or have access to any vehicles. It is common in cases involving ignition interlock requirements.
A lot of confusing elements can arise when filing a declaration of non–ownership, but the good news is that an attorney with experience handling DUI cases can help.
Contact a Los Angeles DUI lawyer today for more information on this documentation in particular.
What is the Purpose of a Declaration of Non-Ownership?
Many California DUI convictions require that you install an ignition interlock device (IID) on your car. This is basically the same as a breathalyzer machine. With this installed, in order to start the car, you have to provide a breath sample, and it has to be free of alcohol.
IIDs are a required part of every sentence for a second, third, or subsequent DUI offense. Judges also have the option to impose the IID requirement on a first-time offender as well. This presents a problem for convicted DUI drivers who don’t own vehicles.
You cannot install an IID in a vehicle you don’t have, but you can get the requirement effectively waived if you submit a document called a declaration of non-ownership. When filling out the form, you will want to check all three boxes if you don’t have any cars:
- You don’t own any vehicles
- You don’t operate or have access to any vehicles
- You don’t operate or have access to your employer’s vehicles
This document is a simple, one-page form you submit to the DMV after your sentencing. We can help you with understanding the DMV hearing after receiving a DUI. In the meantime, just know that this form will ask you to list all vehicles that you own or have access to.
That said, if all three of these checkboxes apply to you, you will not be required to install an IID.
What Counts as “Having Access” to a Vehicle?
The purpose of IID laws is to stop you from driving any vehicle without first providing a breath sample. That includes vehicles you might drive despite the fact that they aren’t in your name.
All of these situations count as access to a vehicle:
- Partner: Your spouse, girlfriend, or boyfriend owns a vehicle, and you live with them or they let you use their car.
- Parents: Your parents own a vehicle that they let you use.
- Friends and neighbors: You sometimes borrow a vehicle owned by a neighbor or friend.
In these circumstances, the state of California expects you to pay to put an IID in the vehicle you use, even if you don’t officially own it. Alternatively, you can simply make a point not to use any vehicle.
For example, you could simply ask your parents to take their vehicle back and not use it until your DUI sentence is over. If your name is on the title for a vehicle, however, you must install the IID regardless of your intention to use the car or not.
How do I File a Declaration of Non-Ownership?
If you are ordered to install an IID, you’ll need to file a declaration of non-ownership within 30 days. One of two situations might arise:
- If you were sentenced to a DUI that always carried an IID requirement: For example, if you are facing a second offense DUI, the DMV will automatically send you a notice informing you of the IID requirement.
- If the judge chooses to impose an IID requirement: You might not receive notice of your need to file other than the judge letting you know at your sentencing.
Generally speaking, as soon as you are convicted of driving under the influence, you should assume you have 30 days to file your declaration. You can obtain the form from the Superior Court in the county where you were convicted.
They will also be able to give you specific instructions for how to file it. Ultimately, the information must go to the DMV, but it is often handled by the court first.
What Happens if I File a Declaration of Non-Ownership and Drive a Car?
Filing the declaration only partially frees you from the IID requirement. It means you don’t have to put the device on any vehicle, but it doesn’t give you the right to drive a car without one.
In fact, if you apply for a restricted driver’s license to drive to work during your DUI sentence, the IID requirement will be on the license itself. That means any law enforcement officer who pulls you over will immediately know that you aren’t supposed to operate a vehicle without an IID.
This will be a probation violation—no matter who owns the vehicle—and it can carry jail time and other consequences. If you have been charged with a DUI, reach out to Los Angeles DUI Attorney. We can connect you with a lawyer who can help.
Reach Out to a Los Angeles DUI Law Firm Today for Legal Representation
A declaration of non-ownership is an important document for people facing charges for driving under the influence. In DUI cases where the defendant does not own or have regular access to a vehicle, a declaration of non-ownership can exempt you from certain penalties.
It is very common in cases where the installation of an ignition interlock device is required. That way, you can clarify your circumstances and let the court—or the DMV—know that you would like to comply with the consequences of your actions, but you do not have a car.
The process of filing this declaration requires total accuracy, utmost honesty, and full adherence to the law. If you need legal guidance when filing a declaration of non-ownership, reach out to Los Angeles DUI Lawyer today. We can connect you with an attorney in the community.
