Vehicle Code § 23247(e) VC – Ignition Interlock Device (IID) Violations

Vehicle Code § 23247(e) VC makes it a crime to operate any vehicle not equipped with a functioning ignition interlock device (IID) if your driver’s license is restricted due to a DUI conviction. The statute requires that you install an IID in your vehicle following a DUI if you wish to obtain a restricted driver’s license.

The language of the code section reads:

It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 13352.1, 13353.6, 13353.75, 23575, 23575.3, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device.

Examples

• driving on a restricted license after a first-time DUI and not having a certified ignition interlock device installed in the car.
• operating a motor vehicle, after a Vehicle Code 23152b VC conviction, and doing so on a restricted license with an IID that has been tampered with.
• having no IID in a car when on a restricted license because of a driving under the influence of drugs charge.

Defenses

You can raise a legal defense to challenge a charge under this California law. Some defenses include:

• you were falsely accused,
• you did not have any record of a DUI conviction, and/or
• a necessity required you to operate a car without an IID.

Penalties

A violation of subdivision (e) is charged as a misdemeanor. This is opposed to a felony or an infraction. The crime is punishable by:

• custody in the county jail for up to six months, and/or
• a maximum fine of $5,000.

In addition, the California Department of Motor Vehicles (DMV) will:

• terminate your restricted license, and
• suspend your driving privileges.

Our California DUI attorneys will explain the following in this article:

• 1. What does it mean to violate VC 23247(e)?
• 2. Can a legal defense help?
• 3. What are the penalties?
• 4. Are there immigration consequences?
• 5. Can it be expunged from my record?
• 6. Does a conviction under this law affect gun rights?
• 7. Are there related offenses?
• Additional Resources

Violating Vehicle Code 232479e VC is a misdemeanor.

1. What does it mean to violate VC 23247(e)?

To convict you of Vehicle Code 23247(e) in California, prosecutors have to prove the following elements:

1. you operated a motor vehicle on a restricted driver’s license following a DUI, and
2. you did so without having an IID equipped within the car.¹

If you have a driving restriction, you must have the IID installed by a California-certified IID installer.² You can find a certified installer by contacting a local mechanic or searching online.

An interlock device can be installed on most operable motor vehicles.

2. Can a legal defense help?

Defense attorneys use certain legal strategies to contest allegations under this statute. These include showing that:

1. you were falsely accused,
2. you did not have a prior DUI, and/or
3. you acted under necessity.

You Were Falsely Accused

Sometimes people get falsely accused of a crime. Examples are when:

• the police make a mistake,
• a witness makes a misleading statement, and
• mistaken identity.

Therefore, you can always challenge a charge by saying you were unjustly blamed.

You Did Not Have a Prior DUI

These laws only come into play if you had a prior DUI conviction. This means you can legally drive on a restricted license, without an IID, if you had no prior DUI. This means you can always show that you do not have any record of a DUI conviction.

You Acted Under Necessity

Under a necessity defense, you try to avoid guilt by showing that you had a good reason to commit the crime. In the context of driving without an IID in the car, you could attempt to show that you committed the crime since you had no other choice (for example, because of an emergency).³

A violation of this law can result in a fine and/or jail time

3. What are the penalties?

A violation of this statute is charged as a misdemeanor.

The crime is punishable by:

1. custody in county jail for up to six months, and/or
2. a maximum fine of $5,000.⁴

A judge may award misdemeanor (or summary) probation in lieu of jail time.

Further, upon a violation of this law, the DMV will:

• terminate your restricted license, and
• suspend your driving privileges for the remainder of the time under the original court order that imposed a suspension.⁵

4. Are there immigration consequences?

There are no harmful immigration consequences for a VC 23247(e) conviction. It is not a deportable offense.

5. Can it be expunged from my record?

If you are convicted of an IID crime, you can get an expungement provided that you successfully complete:

1. probation, or
2. any jail term (whichever was imposed).

6. Does a second conviction affect gun rights?

Driving without an IID will not impact your right to:

• own,
• purchase, or
• possess a gun.

7. Are there related offenses?

Driving on a Suspended License – VC 14601.1a

Vehicle Code 14601.1(a) VC is the California statute that makes it illegal to knowingly drive in California with a suspended or revoked driver’s license. It does not matter what the reason is for the suspension (for example, no prior DUI is required for a conviction).

Driving With No IID – VC 23575

If you are convicted of a first-time DUI, Vehicle Code 23575 VC authorizes a judge to make you install an IID prior to being able to drive.

If you do not perform this installation, it is a crime.

Note that Vehicle Code 23247(e) applies to restricted licenses for any DUI conviction. It is not limited to first-time DUIs.

Driving Without a License – VC 12500

Under Vehicle Code 12500a VC, it is a crime to drive without a valid driver’s license.

Note that this statute pertains to driver’s licenses. VC 23247(e) applies to restricted driver’s licenses.

For more discussion, see our page on the consequences of failing the ignition interlock test.

Additional Resources

For more information, refer to these California DMV articles:

• Ignition Interlock Devices – Overview of what IIDs are and when they are required.
• Ignition Interlock Devices List – Approved IID manufacturers.
• Statewide Ignition Interlock Device Pilot Program – DMV program that requires all repeat and all injury-involved DUI offenders to install an IID for one to four years.
• Notice to Employers: Ignition Interlock Restriction – Notice you are required to give any employer who owns a vehicle that you operate in the course and scope of your employment with them.
• Driving Under the Influence: Age 21 and Older – General information about California DUI laws, including IID requirements.

Legal References: