If person is convicted of DUI in Placer County but there was absolutely NO alcohol involved, only legally prescribed medications

The implied consent law applies to EVERY county in CA. It requires a blood or breath test if alcohol is suspected, after lawful arrest. If only drugs are suspected, a breath test is not required anywhere, only blood or urine. And the default is blood. Otherwise, dmv may be treating this as a refusal of you refused to submit to ANY chemical test. This assumes you are over 21.

I am not licensed to practice in California, so out of respect for any experienced criminal defense attorney from California, refer to his or her answer. But in Arizona, in this type of situation there is not much you can do. The police are not required to use a breathalyzer but can if they want to and most do. The only way to appeal this requirement is to try and change the laws in your state. I hope that was the question you were asking.

If you were convicted of a first offense DUI you are correct, there is no statewide IID requirement. However, if you have been convicted of a second offense, and you want a license before the year suspension has run, you will have to install an IID. You should discuss this with your lawyer, they may have insights due to facts you haven't provided.

State law DOES apply to Placer County. If police believed the person was under the influence of drugs, a breath test would not be required.......rather a blood test. It appears the DMV is handling the case as a refusal to submit to chemical testing.

It sounds like the DMV is requiring you to install an Ignition Interlock Device, even though your DUI conviction was not in one of the pilot counties where IID installation is required after a first time DUI. After a second DUI conviction, an IID will be required statewide. The DMV can also require one if you are arrested for driving on a suspended license after a DUI conviction. Have an attorney review the paperwork you received from DMV to see if there is any way to avoid the installation. I know it doesn't make sense that you'd have to install an IID when alcohol wasn't involved, but that is the law. So if it's a 2nd DUI or there was a suspended license violation, you may have to comply.

Your question is unclear, asker. Are you speaking of the IID requirement or the requirement of taking a breath test after arrest?

the DMV does not require an IID device in Placer County you are correct. if the court didn't order it as interim of probation and somebody made a mistake somewhere call the mandatory action unit at 916 6576 525. however if this is a second DUI conviction and you wanted to restrict your licensii an iD would be required