Q: Is an IID required despite it not being court ordered and wasn't mentioned until trying to reinstate driver's license?
My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU. When contacted MAU they stated he needed an IID. This was never mentioned in any of the court hearings and the court minutes state he didn't need an IID. Is it still required?
A: Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The DMV has separate guidelines and authority that may not align directly with court orders. It's important for your partner to comply with the DMV's requirements, even if they differ from the court's ruling. He should communicate directly with the DMV or the Mandatory Actions Unit (MAU) for specific instructions and any potential options for contesting the IID requirement. Legal advice tailored to his specific case may also be beneficial in navigating this situation.
A: If he had a prior DUI within 10 years of this latest DUI, then IID is required, regardless of what the court ordered. Court will not discuss this with him. This is up to his lawyer (if he had one) to advise him on.
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