An ignition interlock device (IID) is a small breathalyzer device installed in a vehicle to stop a driver from operating the vehicle while under the influence of alcohol. It requires drivers to blow into the device, and if the device detects a certain level of alcohol on the driver’s breath, the vehicle won’t start.
Interlock devices, in general, are electronic devices designed to prevent a particular action from taking place unless certain conditions are met. In the case of an ignition interlock device, the device is designed to prevent a vehicle’s engine from starting unless the driver provides a breath sample indicating that their blood alcohol concentration (BAC) is below a certain level.
Interlock devices can also be used to prevent unauthorized access to a machine or to ensure that certain safety procedures are followed in industrial settings.
Who Is Required to Have an Ignition Interlock Device?
The requirement for an ignition interlock device varies depending on the jurisdiction. Still, in general, it is required for individuals who have been convicted of driving under the influence or driving while intoxicated (DWI) offenses.
In many states, a first-time DUI or DWI offender may be required to install an ignition interlock device in their vehicle for a specific period as a condition of restoring their driving privileges. The time the device must be installed typically ranges from several months to several years, depending on the offense’s severity and the jurisdiction’s laws.
Repeat offenders are often required to install an ignition interlock device for a longer period, or in some cases, for the duration of their driving privileges. Additionally, some jurisdictions require ignition interlock devices for certain offenders, such as those who caused accidents resulting in injury or death while driving under the influence.
Overall, the requirements for ignition interlock devices aim to prevent individuals from operating a vehicle while impaired by alcohol and to help reduce the number of alcohol-related accidents and fatalities on the roadways.
Can I Have Another Person Blow Into the Device?
No, it is illegal to have another person blow into an ignition interlock device on behalf of a driver. This is commonly referred to as “blow and go.” It is a form of fraud punishable by law.
Ignition interlock devices are designed to prevent a vehicle from starting if the driver’s breath sample indicates a certain level of alcohol. The device aims to ensure the driver is not impaired by alcohol while operating the vehicle. If another person provides the breath sample, the device cannot accurately determine the driver’s level of impairment, which can result in dangerous driving situations.
Attempting to bypass or circumvent the ignition interlock device by having another person blow into it is considered a violation of the law. Depending on where you live, penalties for this offense can include fines, license suspension or revocation, and even imprisonment in some cases.
What Happens If I Don’t Pass the Device?
If a driver does not pass the ignition interlock device test, the vehicle will not start.
In most cases, if a driver fails the ignition interlock device test, the device will record the failed test and notify the appropriate authorities.
Depending on the jurisdiction and the driver’s history, failing the device test could result in penalties such as fines, license suspension or revocation, or even imprisonment in some cases.
It is important for drivers who are required to use an ignition interlock device to follow the proper procedures for using the device, such as abstaining from alcohol before driving and waiting the required amount of time after consuming alcohol before attempting to start the vehicle.
If a driver cannot pass the device test, they should not attempt to start the vehicle, as doing so could result in additional penalties or legal consequences. Instead, they should seek alternative transportation or wait until they are sober and can pass the device test before attempting to start the vehicle.
Who Pays for the Device?
In most cases, the driver is responsible for paying for the ignition interlock device and its installation.
Some jurisdictions may offer financial assistance or fee waivers for low-income drivers required to install an ignition interlock device. Additionally, some ignition interlock device manufacturers may offer payment plans or other financing options to help drivers cover the cost of the device and installation.
Are There Any Defenses to Ignition Interlock Device Lawsuits?
Several defenses can be raised in a lawsuit involving ignition interlock devices, depending on the circumstances of the case.
Some possible defenses may include:
- Improper installation: If the ignition interlock device is not installed correctly, it may not function properly, leading to false readings or other issues.
- Malfunctioning device: Ignition interlock devices are not infallible and can malfunction, leading to inaccurate readings or other errors.
- Violation of due process: If the driver was not properly notified of the ignition interlock device requirement or did not receive a fair hearing, they may be able to challenge the requirement on due process grounds.
- Failure to follow proper procedures: If the ignition interlock device was not used properly or the driver did not follow the required procedures, such as waiting the required amount of time after consuming alcohol, this may be used as a defense.
- Medical conditions: Some medical conditions or treatments, such as certain mouthwash or medications, can cause false positives on the ignition interlock device. In such cases, a medical defense may be appropriate.
Ignition interlock device lawyers are attorneys who specialize in defending clients in cases involving ignition interlock devices. They can provide legal advice and representation to clients facing charges or legal action related to ignition interlock devices.
An ignition interlock device lawyer can help clients understand their legal rights, navigate the legal process, and develop a legal strategy to defend against charges or lawsuits. They can also help negotiate plea agreements or settlements or represent their clients in court if necessary.
Should I Consult a Criminal Defense Attorney?
If you are facing charges or legal action related to an ignition interlock device, seek the advice and representation of a qualified criminal lawyer. An experienced lawyer can help you understand your legal rights, develop a legal strategy to defend against the charges or lawsuit, and represent you in court if necessary.
Don’t try to navigate the legal process on your own – the consequences of a conviction or legal action related to an ignition interlock device can be severe, including fines, license suspension or revocation, and even imprisonment in some cases. With the help of a skilled lawyer, you can work to protect your legal rights and achieve the best possible outcome for your case.
If you are facing legal issues related to an ignition interlock device, take action now and consult with a criminal defense lawyer who has experience in this area of the law.
LegalMatch is an online legal services provider that can help you find a qualified criminal defense lawyer with experience with ignition interlock device cases.
With LegalMatch, you can submit your case details and receive responses from interested attorneys specializing in your specific legal issue. You can then review the attorney profiles, compare fees and experience, and select the attorney who best meets your needs.
LegalMatch can connect with the right attorney and get the legal help to defend against charges or legal action related to an ignition interlock device.
