At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 886-6333
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Before we discuss the exemption of ignition interlocks, it is important to address when you would need an ignition interlock device. Typically, you will be required by the court to use an ignition interlock device if you are convicted of multiple DUI offenses. Some Courts in counties other than Marin will require an ignition interlock after the first offense if your blood alcohol level is too high.
There are waivers that can be filed if you do not own a car, which is the most popular way of gaining an ignition interlock exemption. However, this can often simply prolong the inevitable, as you will still be required to serve your ignition interlock time if you get a car and wish to be licensed in the future. When you file this waiver, you are stating to the court under penalty of perjury that you do not own a vehicle that can be placed under ignition interlock restrictions.
When you file your application for exemption, you are submitting to the court under penalty of perjury that you do not own a vehicle. This means that you are eligible for an exemption, but you will need to put an ignition interlock on your new vehicle in the event that you obtain one in the future.
Since you do not have a car, you will be unable to drive under your ignition interlock exemption. However, you will be required to carry SR 22 insurance and put an interlock device on any car you purchase in the future in order to have your license reinstated.
It is possible to continue driving work vehicles that do not have interlock devices, but you will need to jump through some hoops. Essentially, you will need your employer to sign a DMV form verifying that they understand that you are required to have an ignition interlock device, but are allowing you to drive their vehicles without the interlock. In order to receive this exemption, you will need to have an ignition interlock device already installed in your personal vehicle.
Essentially, your employer is signing the form to verify that they are aware of your DUI conviction and are okay with you driving their work vehicles without an ignition interlock device. You will need to have this paperwork readily available to present to law enforcement in any work vehicle you are operating.
Attorney Aaron Bortel is a seasoned lawyer based in San Francisco, CA who has helped countless clients just like you navigate the intricacies of DUI law in California. With over 30 years of relevant experience, Aaron is prepared to assist you in taking the proper steps so that you can protect your driving privileges.
Still have questions? Ready to get started? Contact the Law Offices of Aaron Bortel today to schedule a free initial consultation.
Receiving an IID exemption will not have any impact on your need to complete DUI classes, as this will be required regardless if you are convicted of a DUI in Court. If you are waiting until you get a car to use an ignition interlock device, you will need to be enrolled in DUI classes to qualify for that exemption. This is true of almost every DUI case, as classes are required as a condition of the court.
By the time you obtain a vehicle down the road and are in need of an IID, chances are that you have already completed your DUI classes. But when you need to purchase a new or used car to get to work or for other commutes, it is important to keep this in mind.
If your commercial license is suspended for one year after a first DUI conviction, that is a full suspension, meaning that there would be no IID provided for driving a commercial vehiclt. If you have a commercial license and are convicted of a DUI, you can apply for a Class C license that you can drive with while using an interlock device. The Class C interlock period is usually a minimum of 6 months. You would still need to at least be enrolled in DUI School and have SR-22 insurance on your person in order to obtain the Class C IID restricted license.
As a rule, an exemption will not generally affect your insurance rates. The exemption is a document filled out by your employer that you keep on your person, which generally goes unseen by your insurance. Essentially, your insurance company will either drop you or raise your rates through the roof based on a DUI conviction, but your exemption will likely not play a part in this.
Whenever I work with a client who needs an exemption, they typically have a hard time finding it on the DMV website. An attorney can help you locate the proper documents and send you copies of them, which I have done for clients many times before. We will often walk clients through the process, explaining any restricted licenses or exemptions that may apply and how we can obtain them. Also minimizing any suspension time is something an experienced DUI lawyer will help with.
However, it is important to work with an experienced DUI lawyer to be sure that you are in compliance with the many rules and regulations that come with your case. Especially when your livelihood is on the line, you want to be sure that your attorney knows what they are talking about and can competently represent you. Hiring an attorney who understands the different defenses for DUI charges can help to keep you in the ballgame with any exemptions necessary to keep you working and making a living.
For more information on Ignition Interlock Exemptions In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.
Attorney Aaron Bortel is a seasoned lawyer based in San Francisco, CA who has helped countless clients just like you navigate the intricacies of DUI law in California. With over 30 years of relevant experience, Aaron is prepared to assist you in taking the proper steps so that you can protect your driving privileges.
Still have questions? Ready to get started? Contact the Law Offices of Aaron Bortel today to schedule a free initial consultation.
