I keep hearing different answers on this...I've heard that while the court may not order an ignition interlock device, that recently the DMV has begun requiring ALL refusals (or blowing over .08) cases to get an ignition interlock device for like 6 months or something. I've already asked my attorney and he says he doubts I'll need to get an ignition interlock device, but a friend of mine said her brother's attorney said the same thing to him, and though he wasn't ordered by the court system to get one, he had to through the DMV in order to get his license/restricted license back.
DMV only requires the interlock device on a 1st time DUI if the blow is over a .15. It can still be imposed through the criminal courts, but DMV won't do it themselves.
I've not heard of the DMV requiring an ignition interlock device on all refusals or any blow over .08. However, the court can impose it. An ignition interlock device will be required on a DUI with a blow over .15.
not intended as legal advice and this answer does not create an attorney/client relationship.
Criminal Defense Attorney
No, DMV will not require an IID for a first refusal or breath reading under .15 (assuming no minor was in the car), but, as others indicated, the court may do so.
Court suspensions and administrative suspensions are separate and distinct. That's why sometimes the IID is not imposed in court but will be by DMV. It's another reason that it is imperative to have an attorney experienced in handling DUI cases.