If you have an ignition interlock device, or IID, installed in your vehicle after a California DUI, one of the questions I hear is simple: When can I finally get this device removed?

The answer depends on why the IID was installed, the date and circumstances of the DUI, your prior DUI history, whether anyone was injured, whether the court ordered the IID, and what requirements the California Department of Motor Vehicles has placed on your driving privilege.

In Sacramento, the basic rules are not a separate Sacramento County set of IID rules. California's statewide IID laws apply, although the court order in an individual Sacramento DUI case can affect what a particular driver must do.

In my practice, I tell clients not to look only at the date the IID was physically installed. The installation date, conviction date, violation date, DMV action, court order, DUI program requirements, and applicable IID restriction period can all matter.

What Is an Ignition Interlock Device?

An ignition interlock device is a breath-testing device connected to a vehicle's ignition system. Before the vehicle starts, the driver must provide a breath sample. Depending on the device and circumstances, additional breath samples may be required while driving.

California DMV explains that an IID is approximately the size of a cell phone and is wired into the vehicle's ignition. If the device detects alcohol above its programmed threshold, the vehicle will not start. California also requires certified IID devices to be serviced and calibrated at intervals not exceeding 60 days.

For someone who has been required to use one, the IID can become a significant part of everyday life. That is why understanding the actual removal date matters.

Is There One IID Removal Date for Everyone in Sacramento?

No.

This is one of the biggest misconceptions I encounter. There is not one universal California IID period that applies to every DUI conviction.

Under the current statewide IID program, the mandatory restriction period can range from one year to four years for certain repeat or injury-related DUI convictions. The period depends primarily on prior DUI convictions within the preceding 10 years and whether the current offense involved injury.

A first-time, non-injury alcohol DUI is treated differently. Under the statewide program, it does not automatically create the same mandatory IID period that applies to repeat or injury-involved offenders. However, a court can order an IID, and a driver may also voluntarily choose an IID-restricted license in certain circumstances.

That distinction is extremely important when determining when an IID can be removed.

How Long Must an IID Stay Installed After a California DUI?

For DUI offenses covered by California's current statewide IID program, the mandatory restriction period depends on the driver's prior DUI conviction history and whether the current offense involved injury.

The table describes the current statewide mandatory IID program summarized by the California DMV. Individual cases can involve additional court orders, credits, restrictions, or other requirements.

The California DMV currently states that the statewide IID pilot program applies to qualifying alcohol-involved DUI convictions with offenses occurring from January 1, 2019 through December 31, 2032, subject to statutory exceptions.

When Can a First-Time DUI Offender Remove an IID?

A first-time, non-injury DUI requires special attention because there is not one answer for every driver.

California DMV states that first-time alcohol-related DUI offenders may have a court-ordered IID installation period of up to six months. If the court did not order an IID, the driver may have options for an IID-restricted license or another restricted license depending on the circumstances.

If your IID exists because the court ordered it, I want to review the actual court order rather than assume that a standard DMV period applies.

If the IID is part of an optional DMV restriction, the applicable DMV restriction period becomes important.

This is why I ask clients to bring their court paperwork and DMV correspondence when we discuss IID removal.

When Can a Repeat DUI Offender Remove an IID?

Repeat DUI offenders can face mandatory IID periods of one, two, or three years for non-injury offenses, depending on prior convictions. Injury-related cases can carry longer periods, including up to four years for a qualifying case involving prior felony DUI convictions.

The exact calculation depends on the statutory classification of the current offense and the driver's qualifying prior convictions.

I do not recommend calculating the removal date simply by counting months from the day the device was installed. The DMV record and applicable order should be reviewed.

Can You Remove an IID Early?

Generally, you should not assume that an IID can be removed early simply because you have completed your DUI class, paid your fines, or have gone several months without a violation.

The IID restriction is a separate requirement. Completing a DUI program does not automatically erase an IID restriction.

Likewise, paying court fines or completing probation does not necessarily mean that the DMV restriction has ended.

If you believe you have satisfied every applicable requirement, I recommend confirming your eligibility before asking the installer to remove the device.

What Happens When the IID Period Ends?

The end of the required period does not mean that you should simply disconnect the device yourself.

California DMV uses an IID installation and removal process. DMV's DL 925 form is specifically titled the Ignition Interlock Device (IID) Installation and Removal Request and contains a DMV eligibility determination for removal.

The DMV form also identifies situations in which a driver may not yet be eligible for removal, including an incomplete IID term, the need to contact the county court, or another outstanding requirement.

This is another reason I tell clients to verify eligibility before touching the device.

How Does the IID Removal Process Work?

The precise administrative process can vary based on the reason for the IID restriction, but the basic concept is straightforward.

Step 1: Determine Why the IID Was Required

I first want to know whether the device was required by the DMV, ordered by the court, voluntarily selected as a restriction, or required under another legal provision.

Step 2: Confirm the Required Term

The applicable term should be determined from the driver's DMV record, court order and the law governing the particular DUI.

Step 3: Check for Outstanding Requirements

A driver may still have other requirements involving a DUI program, financial responsibility, license reinstatement, fees, suspension or court orders.

Step 4: Confirm IID Removal Eligibility

DMV's IID removal process allows eligibility to be determined before the installer removes the device.

Step 5: Have the Certified Installer Remove the Device

Once the applicable authorization and eligibility requirements are satisfied, the certified installer can handle the physical removal and required documentation.

Step 6: Confirm Your Driving Privilege

Removing the device is not necessarily the same thing as restoring every aspect of your unrestricted driving privilege. I want to confirm the DMV record and any remaining restriction before telling a client that the process is complete.

Can the Court Require the IID Longer Than the DMV?

This is an area where careful review is important.

California DMV requirements and court orders can arise from different legal authorities. A court may order an IID as part of a DUI sentence, while DMV may separately impose a driving restriction.

If there is a court-ordered IID requirement, I want to review the actual sentencing order and determine whether the court has imposed a term that needs to be satisfied in addition to the DMV requirement.

The fact that a DMV eligibility date has arrived does not mean a separate court order can simply be ignored.

What If the IID Was Installed Because of an APS Suspension?

Administrative Per Se, commonly called APS, is the DMV's administrative license suspension process following certain DUI arrests.

APS and the criminal DUI case are separate matters.

California DMV states that qualifying APS offenders who submitted to chemical testing may be able to obtain an IID-restricted license. DMV currently identifies an IID restriction of up to four months for qualifying first-time non-refusal offenders and up to one year for qualifying repeat non-refusal offenders.

DMV also explains that APS offenders who use an IID restriction may receive credit toward a later mandatory IID period if they are subsequently convicted.

This can make the calculation more complicated than simply looking at the conviction date.

Does Completing DUI School Mean I Can Remove the IID?

Not necessarily.

Completion of a DUI program can be one of the requirements for reinstating a driving privilege, but it does not automatically eliminate every IID restriction.

I look at these requirements separately because a person can complete a DUI program and still have an IID requirement remaining.

What If I Have Had No IID Violations?

A clean IID record is important, but it does not necessarily shorten a mandatory statutory term.

If your required period is one year, for example, completing that year without violations does not ordinarily convert the one-year requirement into a shorter period simply because the device has recorded no problems.

The absence of violations is valuable for compliance, but the applicable restriction term still needs to be completed unless the law or a valid order provides otherwise.

What Can Cause Problems With IID Removal?

Several issues can delay or complicate removal.

• Attempting to remove the IID before the authorized date.
• Tampering with or bypassing the device.
• Failing required calibration or maintenance appointments.
• Failing required breath tests or random retests.
• Having an outstanding suspension or revocation.
• Failing to complete a required DUI program.
• Failing to maintain required financial responsibility documentation.
• Having an additional court-ordered IID requirement.
• Assuming the physical installation date determines the legal removal date.

California Vehicle Code section 13352 also provides that DMV may take action when a person attempts to remove, bypass or tamper with an IID, removes it before the termination date, or fails three or more times to comply with maintenance or calibration requirements.

What Happens If You Remove the IID Too Early?

This can create a serious problem.

California law prohibits removing, bypassing or tampering with an IID in circumstances covered by the applicable restriction. DMV can also take action against a driver's privilege when the device is removed before the required termination date.

I therefore strongly recommend against treating the IID as something you can remove once you personally believe the time has expired.

Confirm the date first. Confirm the legal requirement first. Then have the authorized installer complete the removal.

Can I Drive a Different Vehicle Without an IID?

Generally, an IID restriction can apply to the vehicles you operate, and California law contains specific rules concerning operating vehicles while subject to an IID restriction.

There are limited statutory exceptions. For example, California DMV explains that a person with an IID-restricted license may drive an employer's vehicle during the scope of employment without an IID if the applicable employer-vehicle requirements are satisfied.

That does not mean a driver can simply borrow a family member's car or rent another vehicle without considering the restriction.

Before operating another vehicle, I recommend confirming that the vehicle and the circumstances are permitted under the specific restriction on the driver's license.

What If My Car Is Sold or Destroyed Before the IID Period Ends?

Selling, replacing or losing access to the vehicle does not automatically eliminate the underlying driving restriction.

California DMV has procedures addressing vehicle changes and unavailable vehicles. A driver should not assume that the legal IID requirement disappears simply because the original vehicle is no longer available.

If you replace your vehicle while subject to an IID restriction, the appropriate DMV and installer procedures should be followed.

Can You Get an IID Exemption Instead of Waiting for Removal?

In certain qualifying cases, California provides IID exemptions.

For qualifying mandatory IID cases under Vehicle Code section 23575.3, DMV currently identifies an exemption for a person who does not own a vehicle, does not have access to a vehicle at the person's residence, and no longer has access to the vehicle involved in the DUI.

There is also a medical exemption for qualifying individuals who have a medical condition that prevents them from blowing into the device with sufficient strength.

An exemption is not the same thing as simply removing an IID early. The statutory requirements for the exemption must be satisfied, and DMV must process the appropriate request.

Frequently Asked Questions 

What I Recommend Before You Remove Your IID

If you believe your IID period is ending, I recommend going through a short checklist before making an appointment for removal.

Why the Exact Removal Date Matters

I understand why someone with an IID wants it removed as soon as legally possible. The device can be inconvenient, expensive and intrusive.

But the goal should not simply be to get the device physically removed. The goal is to complete the legal process correctly so that the driver's privilege is not placed at additional risk.

An incorrect early removal can create problems that are far more serious than the inconvenience of keeping the device installed for the required period.

That is why I recommend treating IID removal as a legal and administrative issue, not simply as an appointment with an installer.

The Bottom Line for Sacramento Drivers

If you have an ignition interlock device after a Sacramento DUI, the date you can remove it depends on the legal basis for the restriction.

Under California's current statewide IID program, qualifying repeat and injury-related DUI offenders can face mandatory IID periods ranging from one to four years. First-time non-injury offenders are treated differently, and an IID may be imposed by a court or selected as a restricted-license option depending on the circumstances.

Completing DUI school, finishing probation, paying fines or simply reaching what you believe is the end date does not automatically authorize you to disconnect the device.

I recommend confirming the applicable DMV and court requirements before removal and having the certified installer complete the process.

If you are unsure when your IID can be removed, I can review the circumstances of your DUI, the court order and the DMV requirements to help identify the issues that need to be addressed.

California IID Legal Authorities

• California Vehicle Code § 13352: DMV suspension, revocation and IID-related driving restrictions.
• California Vehicle Code § 23575.3: statewide IID requirements for qualifying DUI offenders.
• California Vehicle Code § 23247: restrictions concerning removal, bypassing, tampering with and operation of vehicles subject to an IID restriction.
• California DMV Statewide IID Pilot Program: current information concerning IID eligibility, restriction periods, installation, exemptions and removal.
• California DMV Form DL 925: Ignition Interlock Device Installation and Removal Request.