Is there a way to get around having to install an IID in a vehicle?

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I was arrested in Dec. of 2000 for a DUI. I showed for my original court date but did not follow through with anything else. After going through rehab in Jan. of 2009 did I go back to court and take accountability for my DUI. The judge was a bit confused since there was no conviction date in my file, but I do remember standing up there in 2000 and pleading guilty. So, he had me reenter my plee and then I paid the fines in full and had my lisence suspended for another year. Now DMV is telling me that my lisence is still suspended until I can install an IID in "my vehicle". I would like to get my lisence reinstated, however, I do not have a vehicle to install said device. Is there any way around this? I already asked for a review through DMV based on the fact that my DUI was in 2000. -Patti

Attorney Answers

3
Elmer Young ·
This is exactly why having a skilled DUI lawyer from the start is helpful. All this time... all this unnecessary delay... years and years where you could have been legally driving, but for the direction that was waiting for you in the many skilled OR. DUI lawyers on this list who were available then and now to help. But you have to knock before the door can be opened. Check this list for "Superb" rated DUI lawyers and make the call. In most states, now installation for a period of time stands as a predicate to getting a DL restored. You are encouraged to link to my profile page from contact information in order to obtain more specific information, but please understand that the response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Georgia. Responses are based solely on Georgia law unless stated otherwise.
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Rebecca Guptill ·
Unfortunately, you may be out of luck for a bit longer. From what you have said above, it looks as though you weren't actually convicted for DUII until January of 2009 or later. Assuming this is your first DUII conviction, then you received a one year ODL suspension from the date of that conviction. Typically you have an IID requirement in your vehicle as a condition of obtaining a hardship permit during that suspension. On a first conviction, the DMV will suspend the license at a violation level at the end of the first year if you have not provided proof that you have installed an IID in your vehicle, and that suspension will last until you either install an IID or one year passes. In your case, if you do not have a vehicle in which to install an IID, you may not be able to get your license reinstated until the end of the second one year suspension. There are very limited exceptions stated for driving without proof of installation of an IID in your vehicle-- essentially you may be able to drive for work purposes without an IID installed but there is a specific process your employer and you would need to go through. Sometimes there may be a medical exception if you have a condition that prevents you from physically being able to use an IID. In reality, the IID requirement is that your car AND any car driven by you have an IID installed. It is actually a class A violation under Oregon law for a person to knowingly allow you to drive their vehicle without an IID installed. Essentially, I don't believe you will be able to argue that the age of the initial incident is a reason to not require the IID installation. An attorney in Oregon may be able to assist you in determining if you have an argument to appeal the IID installation requirement where you don't personally have a vehicle in which to install the IID, but you would still be under a requirement to not drive a vehicle unless an IID is installed therein.
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Troy Pickard ·
Hello, Patti! I have dealt with this issue dozens of times, and you should be able to re-apply for your permit or license without dealing with the IID aspect of things if you don't own or control any vehicles. Of course, you still would not be allowed to drive a vehicle without an IID installed for as long as the IID restriction is on you. If you would like my firm's help, please call us at (503) 592-0606. We will work hard to make sure you are treated fairly. Troy Pickard
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