What Are Some Of The Consequences Of Ignition Interlock Violations
An ignition interlock device will have been installed in one’s vehicle if a driver has been convicted of a DUI offense. When one of these devices are installed in a vehicle, it is best to understand how it works and what to do in the case of ignition interlock violations. Violations will be reported to the Motor Vehicle Department. If a violation is found, the driver is looking at an extension of the ignition interlock device for an additional six months.
Ignition Interlock Violations Explained
When a driver first tries to start the vehicle, he or she must offer a breath sample to the device. If the device registers positive, the driver won’t be able to start the ignition. It is true that the device can register false positives after using mouthwash or even after drinking alcohol several hours before if one’s mouth hasn’t been washed out yet.
If this happens, the driver should document the situation, clean out your mouth, and try again. The violation will be recorded and may be reported. Once driving, the ignition interlock device will periodically require the driver to blow again into the device for more samples. This is to keep the driver from allowing someone else to start the vehicle for them and it makes sure the driver does not drink during the operation of the vehicle. It’s much more serious if the device reports an ignition interlock violation after the vehicle has already been driven.
If there is a violation while driving, the vehicle won’t just stop on the road, because that would be a safety issue. An alarm (e.g., lights flashing) will go off, until the ignition is turned off, or a clean breath sample has been provided.
What If Somebody Else Drives the Vehicle?
If somebody else drives the vehicle, that person still has to offer breath samples to the device. The interlock provider or MVD cannot tell who is driving the vehicle. The vehicle only knows it is being driven by someone. The required driver may still be held responsible for violations so it is very important to log the times when someone else operates the vehicle, even if it’s a spouse or other family member who has permission.
Consequences Of Ignition Interlock Violations
Of course, purpose of the Ignition Interlock Device is to ensure that the driver does not drive a vehicle with alcohol in the system. The device gives you a chance a chance to continue to drive. In some cases, however, the device may report false positives. These devices are far from perfect and error happen that are no fault of the driver. In other cases, somebody else might be operating the vehicle. It’s very important to document the circumstances of any violations that may incur.
The interlock installer will monitor compliance for any tampering, circumvention or refusing a rolling test. Based on the periodic compliance checks, the Motor Vehicle Department may order an extension, with all the additional costs associated with it, for another 6 months. The driver will receive a notice in the mail for an extension of the device. A hearing must be requested within 15 days from that notice in order to contest the extension of the Ignition Interlock device.
Ignition Interlock violations can and should be challenged. Robert A. Dodell, Attorney at Law, can assist you through these violations. Robert personally answers his own telephone and he will personally handle your DUI Defense case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.