Living With an Interlock Restriction While the SR-22 Runs
For many DUI cases, the interlock restriction is the route back to driving, and it comes bundled with an SR-22. The two requirements interact more than people expect: the device decides which cars you may drive, and the filing decides whether you may drive at all. Here is how they fit together, from the Vehicle Code and the DMV's DUI restriction sheets.
What the restriction actually allows
The DMV describes it plainly: with an IID restriction you may drive at any time to any place, so long as the vehicle is equipped with an IID. Two details in Vehicle Code 23575.3 widen that rule. "Operates" includes driving a vehicle you do not own, so a borrowed or rented car needs a device too. And a motorcycle is not treated as a vehicle that can carry a device until the state certifies one, so a person under an IID restriction may not ride a motorcycle for the whole restriction period.
The statute also says what the device does not do: installing one does not let anyone drive without a valid driver's license.
The DMV visit: what to have in hand
The DMV's first-offender and repeat-offender sheets list the same core items for an IID restriction:
- Proof of enrollment in a DUI program.
- Proof of insurance: the SR 22, already transmitted by your carrier.
- Proof of installation: form DL 920, which the installer gives you.
- The fees the DMV lists for the restriction.
A DMV appointment is recommended on both sheets. Bring the installer's paperwork and your policy's declarations page, even if nobody asks for the second one.
How long the device stays in
For convictions, Vehicle Code 23575.3 sets the term by the offense and the number of priors within ten years:
| Conviction | No priors | One prior | Two priors | Three or more |
|---|---|---|---|---|
| DUI, no injury (23152) | Court may order up to 6 months, or you apply for a DMV restriction | 12 months | 24 months | 36 months |
| DUI causing injury (23153) | 12 months | 24 months | 36 months | See the statute |
The term begins once proof of installation is submitted and the license is reinstated or restricted. Time with an interlock during the arrest-side (APS) suspension can be credited. Time spent out of compliance is not credited.
Where the SR-22 fits, and what ends the restriction
For a repeat offender's arrest-side IID restriction, Vehicle Code 13353.75 says proof of financial responsibility must be maintained for three years, and if it is not maintained at any time during the restriction, the privilege is suspended until new proof reaches the DMV. The DMV's sheets also say full reinstatement requires the SR 22, maintained for three years.
The other things that end a restriction early:
- Missing servicing. The device must be serviced by the installer at least once every 60 days, and the installer must report three or more failures to comply with maintenance or calibration.
- Removing, bypassing or tampering with the device, which the installer reports to the DMV.
- Driving outside the restriction. Vehicle Code 14601.2 makes it an offense to drive a restricted license except in full compliance with the restriction.
If you have no car, and what the device costs
If you do not own a vehicle and have no access to one, the statute lets you certify that to the DMV within 30 days of its notice and stay exempt until you get access. For repeat offenders, the DMV sheet warns that an exemption means the suspension runs its full length. The statute also requires device makers to reduce their program charges for people with income at or below 400 percent of the federal poverty level, on a sliding scale, with income verification.
The insurance side needs to match the car with the device in it, so tell the carrier which vehicle has it. Quote the SR-22 policy here once you know which car that will be.
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Can I drive a friend's car on an IID restriction?
Only if that car has a functioning, certified interlock. Vehicle Code 23575.3 defines operating a vehicle to include one you do not own.
Can I ride my motorcycle during the interlock term?
No. The statute says a person subject to an IID restriction shall not operate a motorcycle for the duration of the restriction, until the state certifies a device that can be installed on one.
Does my SR-22 policy need to list the car with the device?
Your insurance has to cover the vehicle you drive. How the device and the car are recorded varies by insurance company, so tell the carrier exactly which car has the interlock.
What happens if my policy lapses during the restriction?
The carrier reports the end of the policy to the DMV. For the repeat-offender APS restriction, Vehicle Code 13353.75 says the privilege is then suspended until new proof is received.