How Ignition Interlock Devices Work in DUI Cases

Ignition interlock devices (IIDs) are a common requirement in DUI cases to prevent repeat offenders from driving under the influence. IIDs are installed in the vehicle to measure the driver’s BAC and only allow the car to start if the driver is sober. Knowing how these devices work, when they’re required, and how they impact your case can help if you’re facing DUI charges. Here’s a comprehensive look into the workings of ignition interlock devices and how they relate to defense strategies from a DUI defense lawyer.

What is an Ignition Interlock Device (IID)?

An ignition interlock device is a breathalyzer for your vehicle that measures your BAC before you can start the car. If the IID detects alcohol above a certain limit (usually 0.02%), it won’t let the engine turn over. This device is designed to make sure drivers with a history of DUI can only drive their cars when sober.

Parts of an IID:

• Mouthpiece: For the breath sample (like a traditional breathalyzer)
• Electronic Processor: Reads the BAC level from the breath sample.
• Relay Switch: Turns off the car’s ignition system if alcohol is detected above the set limit.

The device is small and usually mounted near the driver’s seat and must be calibrated regularly to be accurate. For probationers or restricted license holders, the IID is a safety net that prevents another DUI.

How does an IID work?

The IID process involves several steps to monitor and verify sobriety before and during driving.

1. First Test to Start the Car

Before you can start the car the driver must blow into the IID, which will analyze the breath sample for alcohol. If the BAC is below the limit the car will start normally. If it’s above the limit the ignition will shut off and the driver must wait before trying again.

This first test is designed to prevent someone who has been drinking from even getting on the road.

2. Rolling Re-tests While Driving

To prevent a driver from drinking after the car has started, IIDs often require periodic “rolling re-tests” during the drive. At random intervals, the device will ask the driver to provide another breath sample. If the driver fails this test, the device will alert the driver by honking or flashing lights to stop and turn off the vehicle.

Rolling Re-test Procedure:

• The device will request a test at random during the drive.
• The driver must blow into the device without pulling over.
• If BAC is high, the device will request a safe stop and may notify authorities.

Rolling re-tests are important to keep drivers accountable throughout the trip as they prevent potential drinking during the drive.

When is an Ignition Interlock Device Required?

Courts often order IIDs as a penalty in DUI cases but the requirements vary by state and by offense. Typically, IIDs are required in the following:

1. First Time DUI Offenders

In some states, even first-time DUI offenders may be required to install an IID if their BAC is above the legal limit or if they’re on probation.

2. Repeat DUI Offenders

For those with multiple DUIs courts will impose stricter requirements. A mandatory IID installation period is common and the driver may have to use the device for several years as a condition of getting their driving privileges back.

3. High BAC Levels

If the driver’s BAC was extremely high at the time of the offense (often 0.15% or higher), an IID may be required even for first-time offenders. The device is seen as an extra safety net to prevent serious harm.

4. Conditional or Restricted Licenses

Drivers who need a restricted or conditional license to drive to work, school or medical appointments may be required to use an IID. In these cases, the device will allow them to drive limited distances to get to those places while ensuring sobriety.

These examples show that IIDs are often part of a bigger strategy to encourage sobriety and reduce DUI recidivism, with the requirements increasing with the severity of the offense.

Cost and Maintenance of an Ignition Interlock Device

An IID requires maintenance, calibration and payment which is typically the responsibility of the offender. Knowing these costs will help drivers prepare for the extra expense that comes with using an IID.

Regular maintenance is important as failure to calibrate or service the IID will result in penalties or even suspension of driving privileges. Costs may vary by state and provider, so drivers should check with the provider for exact fees and maintenance schedules before installation.

IID Compliance and Monitoring

Ignition interlock devices are monitored to ensure compliance. Many devices record every time the car is started, BAC levels for each test, and any failed attempts. This data is sent to the court or DMV.

How Monitoring Works:

• Data Logging: IIDs record BAC levels for every start and rolling retes,t along with time stamps.
• Reporting: Monthly or bi-weekly reports are sent to monitoring agencies to track compliance.
• Penalties for Violations: If the device detects BAC violations, tampering or missed tests additional penalties will be imposed.

Not complying with IID requirements can result in license suspension, extended IID usage or even additional criminal charges depending on the violation.

Defense Considerations with Ignition Interlock Devices

For those facing DUI charges a DUI defense lawyer can help navigate the IID requirements and pitfalls. Here are some common defense strategies and considerations related to ignition interlock devices.

Challenging IID Requirements

In some cases, a lawyer may argue against the IID requirement, especially for low-level offenses or if the defendant’s BAC is only slightly above the legal limit. Judges may be persuaded to reduce or waive IID requirements if a strong case is made.

Addressing Violations

Violations recorded by the IID, such as failed BAC tests or missed rolling retests, can have severe consequences. A skilled DUI defense lawyer can help explain or provide context for violations that may have been caused by other factors (e.g. faulty calibration, mouthwash). Addressing these issues promptly will prevent further penalties.

Financial Hardship Waivers

IIDs can be expensive, and some defendants may not be able to afford the installation and monthly fees. In some case,s a lawyer can help apply for financial hardship waivers, which will reduce or eliminate costs for eligible defendants. By documenting financial limitation,s a defense lawyer can help make the IID requirement more manageable.

Early Removal Petitions

For those who have complied with IID requirements for an extended period without violations some jurisdictions allow for early removal. A lawyer can help with the early removal petition if the defendant has shown consistent compliance and responsible behavior.

Contact Azhari LLC About Your DUI Case

Ignition interlock devices are a part of DUI cases to promote safer roads by preventing intoxicated drivers from driving. While IIDs can be difficult to manage, knowing how they work and when they’re required will help those facing DUI charges navigate the process better.

Working with a DUI defense lawyer will simplify IID requirements, address any issues that come up, and get you the best possible result.

If you have a DUI case and want to know your options, contact Azhari LLC for IIDs, defense strategies, and more.

FAQs

1. How long do I have to use an IID after a DUI conviction?

It varies by state and offense, but IID requirements are generally several months to a few years.

2. Can I remove the IID myself if I no longer want it?

No, early removal without authorization is illegal and will result in additional penalties. Always consult with legal authorities before removing an IID.

3. What if my IID records a false positive?

Certain substances like mouthwash or medications can sometimes trigger false positives. Regular calibration helps prevent this, and your lawyer can address any recorded false positives.

4. How much does an IID cost per month?

$60 to $90 per month and additional costs for installation and maintenance.

5. Can I drive any car with an IID requirement?

No, you must install an IID on any vehicle you plan to drive. Driving without an authorized IID can result in additional penalties.