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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115462
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Background: I am embarrassed to admit that I got an OWI in

Customer Question

Hi,
Background: I am embarrassed to admit that I got an OWI in the state of Iowa in November 2015. I am currently working with an attorney to get the charge deferred and I am taking all of the necessary steps to get things back on track. I am not an alcoholic and this is by no means my typical behavior. I am a professional that made a bad decision to drive after a business dinner. I am lucky this happened with no one getting hurt and I can swear this lessoned was learned and will not be repeated. I fully understand the severity of my situation and take responsibility, however I am looking for any other option to the IID, see question below.
Question: I have received my request for a temporary license from the DOT. I am wondering what my options are to not have to install the IID. My 5 year old daughter is extremely bright and if she sees this device I believe it will have a negative impact on her decisions in the future. This was my mistake, not hers. When the time is right (years from now) I will explain what happened, however I believe now would cause her undue stress as well as impact her choices in the future (consider children who see their parents smoke are more likely to smoke themselves). How do I approach this with the DOT? What am I able to offer instead of this requirement? Someone mentioned a surety bond? Is there any plea I can make to the DOT in order to have the IID removed as a requirement to obtain my TRL? Any advice would be helpful.
Thanks!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the IID is something that is a requirement of the DMV and state law mandates the installation and use of the device. You cannot use your daughter claiming it would have a negative impact on her and the counterargument would be it can be a positive experience to her to show her that there are consequences for a person's actions and this is a consequence for your mistake.
The only reason they would waive the IID is if you have some physical disability that would stop you from using the device. Other than a physical disability I am afraid this is part of the administrative powers of DMV. A surety bond will not be basis to waive the IID. The only reason is physical disability that they will waive it.