Driving without an ignition interlock device (IID) in violation of a court order is a DUI probation violation. You will likely be arrested, and a probation violation hearing will be set.
At the hearing, the judge may tighten the terms of your probation. You may also be fined. The judge can also sentence you to jail.
That jail sentence can include time for:
- violating a court order,
- a driver’s license violation, and
- the original driving under the influence (DUI) conviction.
You can be arrested if you are driving without an IID in your car
Will I be arrested for driving without an IID?
If you are driving without an IID and you get pulled over, you will most likely be arrested.
The police officer conducting the traffic stop will ask for your license and vehicle registration. The officer will run your license and see that you have been ordered to maintain an IID.
After the officer arrests you for not having an IID, your car may be impounded even if it was not your own. The court will then schedule a probation violation hearing.
What are the interlock violation consequences in California?
Driving without an IID is a violation of your DUI probation. In California, it is not a distinct crime. This means that judges have a great deal of discretion as far as imposing a penalty. The court may:
- extend the amount of time you need to drive with an IID,
- issue a fine, or require you to perform community service in lieu of a fine, and / or
- revoke your probation and sentence you to jail for the underlying DUI conviction.
Moreover, the Department of Motor Vehicles can suspend or revoke your driving privileges.
The potential jail time that you can serve will depend on the underlying DUI offense. For example if you faced up to a year in jail when you were convicted for DUI, the judge can sentence you to up to a year in jail.
If the judge adds time to your IID requirement, there is a hidden cost. You will have to make more payments to maintain your interlock device. An extra 6 months with an IID can end up costing well over a hundred dollars.
What are 3 common ways to get caught driving without an IID?
You can get caught driving a vehicle without an IID in 3 ways:
- You never install an IID in one of your vehicles. The companies that install the devices notify the DMV which cars have an IID in them. The DMV relays this information to the court, which will then issue a bench warrant for your arrest.
- You drive someone else’s car that does not have an IID installed. The arresting officer will see from your license that you can only drive vehicles with an IID.
- You buy a new vehicle and do not install an IID. The DMV will see that you need to install an IID in it. If an IID-installing company does not promptly notify the DMV of installation, the court will demand an explanation.
If you’ve been ordered to install an IID but don’t own or have a vehicle, you should submit a declaration of non-ownership to the DMV and to the court.
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.