California’s court system requires many drivers convicted of driving under the influence (DUI) to install an ignition interlock device (IID). Generally, you have to install an IID on all vehicles you own or operate after you are convicted of a DUI.
If you don’t own a car or otherwise regularly operate a vehicle, you may get your IID installation requirement waived in California. However, you will have to take legal steps to receive approval to get this requirement set aside.
California’s General Requirements for IID Installation
California recently rolled out a state-wide IID program for drivers convicted of DUIs. Under this new program, almost all drivers convicted of a DUI are ordered to install an IID after a conviction. Generally, drivers are expected to install the IID in order to get an IID-restricted license.
Drivers with an IID-restricted license are allowed to operate their vehicles, even after a DUI conviction. IIDs are a kind of breathalyzer device. They measure your blood alcohol content (BAC) each time you try to turn on your vehicle. You also have to perform “rolling” tests with an IID while you drive.
However, getting an IID can help you avoid a license suspension here in Los Angeles. Drivers must install IIDs on:
- All vehicles registered in their names
- All vehicles they drive regularly
Driving a vehicle without an IID after many DUI convictions is against the law in California.
Waiving the IID Requirement if You Don’t Own a Car
As we mentioned, you need to install an IID on all vehicles you own or drive after many DUI convictions in Los Angeles. However, what happens if you do not own a car? In this case, the court can waive the requirement for you to install an IID.
You cannot just say you don’t have a vehicle to get out of installing an IID. You must prove to the court that you don’t have a car. Normally, you’ll need to complete a “declaration of non-ownership.” The court can provide you with this document.
Declarations of non-ownership allow you to legally state that you do not:
- Own a vehicle
- Have access to other drivers’ vehicles
- Have access to vehicles owned by your employer
After completing this form, you will need to turn it back into the court. The court will then forward the information to the Department of Motor Vehicles (DMV). Note that the information you submitted will be assessed.
For example, the court may not accept a declaration of non-ownership if the DMV reports that you have a vehicle registered in your name. Your form may also be refused if the DMV reports that someone else in your household has a vehicle.
Move Quickly to File a Declaration of Non-Ownership
Legally, you do not have to install an IID if you can prove you don’t have a car in Los Angeles. However, you should keep in mind that you need to move quickly after a DUI arrest or conviction. Make sure that you file a declaration of non-ownership without 30 days of a court order to get an IID.
If you wait too long, the court will not accept your declaration of non-ownership. They will expect you to install an IID and to submit proof of installation. However, you will be unable to take this step if you do not have a vehicle. This could lead to an accidental violation of the terms of your probation.
Get Help from a DUI Lawyer in Los Angeles Right Now
The experts generally recommend that you request and complete a declaration of non-ownership at your DUI hearing. A Los Angeles DUI lawyer can help you acquire all the forms you need, and make sure they’re filed on time.
Reach out to us for help, starting with a free consultation, by calling (310) 862-0199 or filling out our online contact form.