Ignition Interlock Devices
One of the possible penalties for a DUI conviction is the installation of an ignition interlock device on your vehicle. What follows is basic information on what they are, how they work, when a DUI defendant may face this penalty, and for how long.
What is an ignition interlock device and how does it work?
An ignition interlock device is a mechanism similar to a portable breathalyzer test that is attached to a vehicle; before the vehicle can be started, an acceptable breath sample (below a certain, extremely low blood alcohol level) must be provided, otherwise the vehicle won’t start. Usually the defendant must pay the cost to have the device installed; if the defendant can’t afford this, it may not be an option for sentencing.
Many ignition interlock devices also ask for samples while the car has been running for a while as well, so the driver will have to provide additional samples as requested in order to keep the car going. If an acceptable breath sample isn’t registered when requested at that point, the driver must shut off the ignition immediately or the car will begin flashing its lights or beeping the horn, similar to a car alarm, until the car is turned off.
Moreover, the failure is logged on an internal computer system, and a court may impose further penalties for that. Attempts to tamper with the system are also recorded and reported.
When is an ignition interlock device a possible DUI penalty?
State law varies greatly on the use of ignition interlock devices as DUI penalties, so you are advised to consult a local DUI attorney for more information about your state laws and your particular situation.
That said, some states do make an ignition interlock device mandatory for every DUI conviction. Other states use it in the case of repeat offenders or where there was an exceptionally high blood alcohol content (BAC). Alternatively, you may be required to install an ignition interlock device as part of your probation. In many states, it is entirely up to the judge to decide whether to order an ignition interlock device; a few states don’t even have the option at all.
How long will I have to have to the ignition interlock device on my car?
How long you will be required to have the ignition interlock device installed on your car depends on many factors, including but not limited to the following:
- State law
- Severity of your offense
- Whether you are a repeat offender
- What your BAC was at arrest
You should consult with an experienced DUI attorney in your state regarding your specific circumstances.