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I want to remove my ignition interlock device one month before the period is over because I will not be driving. Can I do this?

Eau Claire, WI |

I received an OWI one year ago and have been ordered to have an IID on my car until February 6. The thing is, I am moving to North Carolina and I am not taking my car with me. The car is licensed to my father and I am leaving it with him. I am scheduled to have my car serviced soon, but I do not want to pay for an half month of service that I will not be using. When I contacted my provider about having it removed, they said that I needed to have the device on the car regardless of whether or not I was driving it, and that early removal could result in having my IID period extended. I think that is complete BS and they're just telling me that to get more money out of me, but I'm not sure about the actual letter of the law regarding this type of situation.

Attorney Answers 3

Posted

The order is for a one year IID, so you'll need to have it installed for that period of time or your will not be able to get a non-restricted license. Basically, you'd be required to install an IID for another month once you started driving again and they are not lying to you.

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Posted

To have a clear license in Wisconsin, you will need to comply with the order. I suspect that NC will not issue you a license until you are clear with Wisconsin.

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Posted

I agree with Attorneys House and Kenyon. I would add you could try moving the court to exempt your vehicle from the IID requirement for the relevant time period. If the court allowed you do to this, however, the IID requirement would still be attached to you. In other words, you could not drive a vehicle in WI without an IID, even if your vehicle did not have an IID. If you were caught driving without an IID in WI while the requirement was in place, you could be charged with a crime.

You could not ask the court to shorten the IID requirement itself. The law is mandatory: 1 year. So, the court does not have that discretion.

Even if you got your vehicle exempted, you may have a contract with the IID company requiring the entire year; and the IID company may fight you on that. (I have heard of this happening.)

Frankly, moving the court for a one month IID exemption on your vehicle is likely more trouble than it is worth.

Good luck!

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