IGNITION INTERLOCK DEVICES NOW REQUIRED FOR CERTAIN CONVICTIONS

If you are charged and convicted of subsequent office DWI, aggravated DWI, or operating after revocation for DWI, you will be required to install and maintain, at your own expense, an alcohol ignition interlock device that is designed to prevent you from driving if your BAC is 0.02% or more. The only way to avoid having to install and use such a device is to avoid being convicted, for the law mandates installation as a prerequisite to reinstatement. In the case of a subsequent offense or aggravated DWI conviction, the use of such a device may be required for a period of from one to two years after reinstatement of your license or right to operate. If you are convicted of operating after revocation for DWI, you will be required to install such a device not only for one to two years after reinstatement, but for the remaining period of your license revocation as well. Since the offense of operating after revocation for DWI requires revocation for one year in addition to any revocation already in effect, you face being subject to such a requirement for a minimum of two years plus the remainder of your revocation period for the DWI conviction that resulted in the revocation. You should also be aware that in the case of operating after revocation for DWI, the Court has the authority, but is not required, to require the temporary installation of such a device as a condition of bail.

Although the offenses discussed above are the only offenses for which conviction will result in a mandatory order to install such a device, the Court does have the discretionary power to impose such a requirement in cases where the defendant is convicted of a first-offense DWI, but actually has a prior DWI on his or her record within the previous ten years, or where the defendant is under the age of twenty-one.

The law provides that anyone who is subject to such an order must provide a certificate proving the installation of such a device as a precursor to reinstatement. Those who find themselves subject to this requirement are required to pay for installation of the device as well as monthly fees for monitoring of the device. These ignition interlock devices are sophisticated and not easily fooled. Not only can the device prevent the vehicle from initially starting if the driver does not pass the breath test, but also it is programmed to randomly notify the driver that he must pull over and blow into the device within a short period of time, or the vehicle will be shut down and no longer operate. Sanctions are in place that can penalize drivers who do not blow within the prescribed period of time or those who attempt to start the vehicle with a BAC of over 0.02% on too many occasions.

Since the only way to avoid having to be required to use an ignition interlock device is not to be convicted of any charge that will result in such an order being issued against you, you should have your case reviewed to determine if you may be able to avoid such a conviction and the onerous conditions that this new requirement of the law imposes.