Yes, in one narrow situation. Vehicle Code section 23576 lets a person under an ignition interlock device (IID) restriction drive a vehicle their employer owns without a device in it, but only if the job requires that driving, the employer has been notified of the restriction, and proof of the notice is with the driver or the vehicle. If any condition is missing, you are driving a vehicle without a required device, which Vehicle Code section 23247(e) makes unlawful.

What the exemption requires

Under the version of section 23576 in effect until January 1, 2033, all four of these must be true:

  1. Your job requires you to drive a motor vehicle in the course and scope of your employment. Having access to a work vehicle is not the same as being required to drive it for your job.
  2. Your employer owns the vehicle.
  3. You have notified your employer that your driving privilege is restricted under one of the interlock or suspension statutes the section lists.
  4. You have proof of that notice with you, or the notice or a copy of it is with the vehicle.

When all four are met, the statute says you “may operate that vehicle without installation of a functioning, certified approved ignition interlock device.” Telling a supervisor informally, with nothing in writing, leaves you without the proof the statute requires. DMV publishes a form for this purpose, the Notice to Employers, Ignition Interlock Restriction (DL 923). The employer signs it, and the form states that it “satisfies the requirements” of section 23576; its instructions also accept an equivalent notice. A narrower version of section 23576, already enacted, takes effect on January 1, 2033.

A business you own or control does not count

Section 23576(b) excludes any vehicle owned by a business entity that you own or control, in whole or in part. That vehicle is not an employer-owned vehicle for this exemption, even if the same business also employs you. Putting your own car in the name of your LLC or corporation does not turn it into an employer vehicle. If you are self-employed, or you hold any ownership stake in or share control of the company that owns the vehicle, expect to need an IID in it.

What the exemption does not do

  • It does not lift your IID restriction. It reaches only a vehicle your employer owns that your job requires you to drive. The section does not say it extends to personal trips in that vehicle, so do not assume it does.
  • It does not cover your own car, a family member’s car, or any other vehicle you drive, including for your commute.
  • It excuses only the device. It does not let you drive while your license is suspended or revoked rather than restricted, and DMV’s form tells the driver plainly that they may not drive without a valid license.

The penalties for driving without a required device, or for tampering with one, are covered on the firm’s ignition interlock device violations page.

Checklist before you rely on it

  • Give your employer written, dated notice of the restriction, such as DMV form DL 923 signed by the employer, and keep a copy.
  • Carry a copy whenever you drive the employer’s vehicle, or keep one in the vehicle. The statute accepts either.
  • Check who owns the vehicle. If the title or registration traces back to you, or to a company you own part of or help control, the exemption does not apply.
  • If you change employers, notify the new employer before you drive its vehicles without a device. If your job stops requiring you to drive, the exemption stops applying.
  • If you are unsure whether your work arrangement counts, get advice before you drive without the device. A mistake means a new violation on top of the case that led to the restriction. What reinstatement requires after a DUI is covered on the DUI license reinstatement page.

Talk to a lawyer before you drive without the device

The Law Offices of David S. Chesley can review your restriction, your job duties, and who owns the vehicle before you rely on this exemption. Call (800) 755-5174.