Criminal Defense Lawyers

Getting your license suspended sucks. Believe me, I know.

As a lawyer who specializes in DUI and license suspension cases, I’ve helped hundreds of clients deal with the fallout of losing their driving privileges. And let me tell you, it’s no picnic.

A license suspension can happen for all kinds of reasons – racking up too many points, failing to pay child support, getting busted for drugs. But one of the most common ways people end up with a suspended license in my state is failing to comply with the requirements of the Ignition Interlock Device Program (IIDP).

What is IIDC?

The IIDC or “interlock program” is a requirement for anyone convicted of a second or subsequent DUI offense. It means you have to install an ignition interlock device (IID) in your car. The IID is a breathalyzer connected to the ignition system – basically, you have to blow into it and prove you’re sober before the car will start.

The IID requirement usually lasts a year or two after your conviction. But even after the mandatory IID period is up, the DMV won’t reinstate your license until you prove you complied with the program terms for the full time required. And if you didn’t – for example, if you removed the device early or got caught driving another car without an IID – your license can be suspended for noncompliance.

Why People Don’t Comply

I know, I know – the IID seems like a huge pain. Believe me, I’ve had plenty of clients complain about it. Driving with one of those things is embarrassing, especially when you’re out on a date or carpooling for work. And they’re a money pit too – those monthly calibration and monitoring fees add up quick.

So I get why people want to ditch the device ASAP. But here’s the thing: failing to comply with IIDC requirements has serious consequences. Even if you made it through the mandatory IID period, if the DMV finds out you didn’t play by the rules, your license is getting suspended.

And it’s not just removal violations, either. The DMV will suspend your license if you get caught driving another vehicle without an IID installed. They’ll also suspend you if you fail to keep up with the monthly service fees and appointments to calibrate the device. Basically, unless you dot every I and cross every T, you’re at risk.

Dealing with an IIDC Suspension

If you get the dreaded notice that your license has been suspended for failure to comply with IIDC requirements, don’t panic. There are options for getting your driving privileges back. But first, let me walk through the suspension process itself:

• Notice of Pending Suspension – The DMV sends you a letter giving you 10 days notice that your license will be suspended for noncompliance. This is your chance to act if there’s been a mistake.
• Actual Suspension – If you don’t respond, the suspension takes effect on the date listed in the notice. At that point, your license is invalid.
• Minimum Suspension Period – The suspension lasts at least 90 days. Longer if you’ve had prior suspensions.
• Reinstatement Requirements – To get your license back after the suspension is up, you’ll have to pay a $100 reinstatement fee and show compliance with IIDC for the full required period.
• Restricted License – In some cases, you may be eligible for a restricted license allowing you to drive to work or school during the suspension.

So what should you do if you get hit with one of these suspensions? Here are some tips:

• Act Fast – Respond to the notice of pending suspension within 10 days if you think it was sent in error. Provide any evidence you have (calibration receipts, etc).
• Get an IID Installed – If your violation was driving without a device, move quickly to get one installed so you can prove compliance.
• Seek Restricted License – Talk to a lawyer about applying for a restricted license, if you’re eligible. At least you can drive to work.
• Serve Suspension Time – As frustrating as it is, the suspension is mandatory for at least 90 days. Don’t drive on a suspended license – huge penalties if caught!
• Pay Reinstatement Fee – Once suspension period ends, pay the $100 fee and show IIDC compliance and you should get reinstated.
• Consider Interlock Removal – After reinstatement, you can legally apply to the DMV for IID removal if it’s been the mandated time period.

I know. It’s a lot to deal with. But trust me, trying to skirt the rules will only make things worse in the long run. The good news is, if you work with an experienced lawyer, you can develop a plan to get your license back while minimizing disruption to your life.

Fighting an Improper IIDC Suspension

Sometimes, the DMV screws up. I’ve seen plenty of cases where clients got hit with an IIDC compliance suspension when they didn’t actually violate the program terms.

If you believe the suspension was issued in error, don’t just accept it – fight back. An attorney can help you challenge the suspension. For example:

• Wrong Person – If the violation was for an IID-equipped car registered to you, but someone else was driving, we can prove it wasn’t you.
• Sold the Car – If you sold the IID-equipped vehicle or transferred the title before the violation, we can provide documentation to show you weren’t driving it.
• Moved Out of State – If you transferred your IID requirements to another state and complied with their program, we can fight the improper home state suspension.
• Calibration Dispute – If you have records showing the IID was properly calibrated and the DMV data is inaccurate, we can challenge a calibration-related suspension.
• Hearing Request – We can request an administrative hearing to present evidence and argue the suspension was improper.

Mistakes happen. But you have rights when it comes to incorrect IIDC suspensions. An experienced DUI attorney can help get to the bottom of what happened – and get your license back if the suspension wasn’t legit.

Avoiding IIDC Suspension Pitfalls

The best way to avoid an improper IIDC suspension is to fully comply with the program terms from start to finish. I know that’s easier said than done. But here are some compliance tips that may help you steer clear of suspension pitfalls:

• Maintain detailed records – Keep all receipts and calibration reports to prove you serviced the IID as required.
• Never drive any vehicle without an IID – Even borrowing a spouse’s or friend’s car during the IID period can trigger a suspension. Don’t risk it.
• Report problems immediately – If the IID is malfunctioning or needs repair, notify the DMV right away to avoid compliance issues.
• Transfer out-of-state requirements – Moving? Formally transfer your IID requirements to your new home state so there’s no question about compliance.
• Finish the full period – Even if the mandated time period ends, don’t remove the IID until you receive formal clearance from the DMV.
• Seek removal authorization – When you hit the mandated compliance period, petition the DMV in writing for authorized IID removal.

It’s a hassle, no doubt. But dotting every “i” and crossing every “t” is the only way to complete the IID program without getting sidelined by a wrongful suspension.

DUI Suspensions vs. IIDC Suspensions

Here’s one last thing that’s important to keep in mind. Getting hit with an IIDC compliance suspension is different from getting your license suspended for a DUI conviction itself.

Let’s break it down:

• DUI Suspension – This is the initial admin license suspension that happens after a DUI arrest. Totally separate from the IIDC program.
• IIDC Suspension – This is a later suspension imposed if you fail to properly comply with the IID device requirement.

They seem similar – but different rules, processes and penalties apply. So if you just got arrested for DUI, don’t confuse your initial admin suspension with penalties for not properly using an IID down the road.

An experienced DUI lawyer can help you navigate both types of suspension and develop a game plan to minimize the time you lose your license. Don’t just give up and let a suspension ruin your life – fight back. We can help.

And remember – those interlock devices are a pain, but violating the program terms causes way more trouble in the long run. It’s not worth the risk. Follow the rules, comply with the requirements, and focus on moving forward with your life. You’ve got this!