When the court mandates an ignition interlock device (IID) installation and you lack a vehicle, seek an exemption. Submit a non-ownership declaration form to request the court dismiss the IID mandate.
Stringent criteria govern non-ownership declarations. Failure to fulfill even one results in the court maintaining its directive. Compliance necessitates installing the IID on any accessible vehicle, owned or otherwise.
Violations of DUI probation terms include failing to install an IID or operating a vehicle without an installed IID.
What is it?
A declaration of non-ownership is a formal document submitted to either the Department of Motor Vehicles or the court, asserting that the individual does not possess or have access to a vehicle. This document is intended to exempt the individual from a court mandate to install an ignition interlock device (IID) due to their lack of a vehicle. Additionally, it serves as an acknowledgment by the individual that driving any vehicle without an IID is prohibited.
In the context of California, this declaration is encapsulated in a concise, single-page form and is governed by the stipulations of California Vehicle Code 23575.3(d)(2). The form is designed to relieve drivers from the obligation of installing an IID under two specific conditions: if they are not residents of California, or if they neither own nor have access to a vehicle. The responsibility to substantiate either condition falls squarely on the driver.
What does it mean to not own or have access to a vehicle?
In California, being exempt from the ignition interlock device (IID) mandate due to not owning or having access to a vehicle demands meeting stringent criteria. Ownership of any vehicle, even one that is non-operational or designated for planned non-operation, necessitates IID installation as per court orders. This requirement underscores the rigorous nature of ownership criteria.
The concept of access is equally strict and somewhat ambiguous. A definitive lack of access is presumed if no vehicle is available at the individual’s residence. However, access is assumed if a spouse or family member houses a vehicle at the same residence, compelling the court to mandate IID installation. Suspicions arise if another vehicle is registered at the address, yet lack of key possession could convince the court of no access.
For exemption from the IID obligation, individuals must demonstrate no ownership, possession, or access to any vehicle, including the one involved in the DUI arrest. This underscores the thorough scrutiny applied to claims of non-ownership or lack of access in IID exemption cases.
What if I buy a car?
Should you acquire a vehicle after obtaining an exemption from the ignition interlock device (IID) mandate, installation of the IID in the newly purchased car becomes obligatory. Similarly, gaining access to a vehicle, regardless of the means other than purchase, mandates the installation of the IID as well.
What are my penalties for non-compliance?
Failing to adhere to the ignition interlock device (IID) stipulations risks breaching DUI probation conditions, prompting the court to issue an arrest warrant. Subsequently, a hearing is scheduled where you must demonstrate either compliance with the IID installation in all vehicles at your disposal or possession of a valid exemption. Failure to do so could lead the court to intensify probation constraints or impose jail time for violating DUI probation terms.
When do I need to file the form?
Within 30 days following the notice of suspension or revocation, the non-ownership declaration form must be dispatched via mail. Should the form not be postmarked by the end of this period, the court will dismiss the exemption request.
Failing to timely submit the form necessitates the installation of an IID, irrespective of vehicle ownership. The court will then require proof of compliance. Inability to furnish such evidence may lead to the court deeming it a DUI probation breach.
