Ignition Interlock Device laws are strict for a first offense DUI. Driving under the influence of alcohol has serious consequences, beyond the worst case scenario of injuring or killing another person.
Intoxicated drivers who manage to avoid accidents are still easy targets for police officers to arrest, even in many cases with little evidence to prove DUI. After a first offense DUI conviction today, it is now now required to install an ignition interlock device (IID) in any vehicle driven by a DUI offender.
Will I have to get an Ignition Interlock Device installed for a first DUI, DWI offense? Under the new 2019 ignition interlock laws in every state, the DMV will require a person to install an ignition interlock device after a first DUI conviction for an average minimum length of 6 months time.
2 important facts every driver should know about the interlock device length of time and cost requirements today are:
- If a person were to get convicted of a second offense DUI within the next 10 years of the 1st offense, they will be required to have an interlock installed for 2 years.
- The overall average interlock device price of $1,800 covers a variety of things that includes the IID itself, a camera unit if required, mouthpieces, installation, removal, calibrations, reporting, device maintenance and other common interlock factors. The $1,800 price is the collective total average IID costs to expect after 6 months of use. A driver does not have to pay that entire cost upfront, but should be aware of what the total fees will add up to by the time the interlock device is removed after a first DUI offense.
In order to have the best chances at getting out of the interlock requirement, a person should not wait on utilizing their best IID defense options, since many top legal strategies are time-sensitive in order to work today. Expert free legal help is also locally available to help avoid an interlock device after a 1st DUI happens, in cases when a person cannot afford a DUI lawyer due to lack of employment or other financial situations.
Ignition Interlock Requirements to Expect for a First DUI, DWI Offense Conviction:
- The length of time a person is required to have an interlock device installed after a first DUI, DWI conviction will not officially begin until an individual goes to the local DMV to have them reinstate a license, or issue a restricted hardship license.
- A person must have the interlock installed on a vehicle for the entire period of time an IID was ordered by the court.
- Any driver convicted of DUI, DWI will not receive credit by the court for having an interlock installed when a license is currently suspended, expired, or otherwise not legally valid.
- Hardship, restricted, and temporary interlock licenses can all be revoked immediately when a convicted driver is caught driving any vehicle that does not have a car breathalyzer device installed.
- Any current license to drive will be cancelled by the DMV if a person does not comply with all the conditions required by the court for the interlock.
- Only the specific person convicted of DUI and ordered to use an interlock device is responsible for the BAC level recorded on the IID when the machine prompts a driver for a breath test sample.
An IID works like a breathalyzer device and is installed in the dashboard of a motor vehicle. The driver exhales into the IID before starting the car motor. If the measured blood-alcohol concentration (BAC) falls below the programmed BAC threshold, the motor will start. If measured BAC exceeds the preset BAC threshold, the IID prevents the engine from starting by interrupting the signal sent from the vehicle ignition to the starter.
How long a driver will have to install the Ignition Interlock device for a DUI, DWI charge can vary for each driver’s own arrest circumstances. When expert legal help is obtained early on after a DUI happens, there are legal defenses that work to implement ways how to get out of ignition interlock installation and avoid the cost of the IID requirement. However, when a driver misses their short window of time to fight and get around ignition interlock device installation, the average mandatory length of time the IID will be required is between 6 months up to one year upon a first offense drunk driving conviction.
Drivers who are able to provide valid breath samples below the BAC threshold are not out of the woods. The IID requires additional breath samples at random intervals while the engine is on. This prevents another individual from breathing into the device.
If a breath sample is not provided upon request or the sample exceeds the BAC threshold, the device emits a warning and alarm until the vehicle ignition is turned off or an acceptable breath sample is provided. Each missed or excessive BAC sample is logged by the IID for retrieval by law enforcement. Due to the complications and unintentional IID violations that can easily happen, every driver today should know what happens for your first DUI offense so the ignition interlock requirement can be avoided while there is still time to fight it.
Every state has some type of ignition interlock law today, with 29 states having mandatory IID provisions for DUI offenses. Though the National Highway Traffic Safety Administration recommends it for first offenders, some states do not require this car Breathalyzer installation for a first DUI or DWI offense conviction, but do give judges discretion to still impose this ignition interlock penalty. Several states impose stricter IID installation mandates for underage drinkers convicted of DUI.
Mothers Against Drunk Driving is one of several groups lobbying for mandatory Ignition Interlocks installation following an initial DUI conviction in any state. Some U.S. politicians support IIDs as standard features of motor vehicles. If they are successful, every car sold in the U.S. may someday have an IID installed in the dashboard.
DUI, DWI laws in the state in which the incident occurred determine whether IID installation is required for a first-time offender. Individuals charged with this offense should discuss their cases with DUI attorneys to find out if potential penalties include installation of IIDs. In most states under the new laws, the Ignition Interlock device installation is an alternative to first DUI license suspension length of time ranging on average of 6 months to 2 years.
Does the court require you to have interlock after probation is over? Yes, in most first offense DUI, DWI cases after probation has ended, and a person has not yet completed the ignition interlock program to drive with a restricted license for work or school, an interlock device will be required to legally drive again.
If a person has been convicted of driving under the influence with a BAC over .08, or a breath test refusal offense, you will have to participate in the Interlock program, in order to get your driver’s license back. The IID program is designed as both a costly consequence and opportunity for an individual to get a license earlier by having this car Breathalyzer device wired into the ignition of any vehicle they will drive (including work or company cars).
An IID works much like a Breathalyzer test machine does. IID drivers are supposed to blow into the device before starting their vehicle, as well as submitting breath samples to the Interlock device while driving (every 15-30 mins) on average. A driver will be also required to have the device routinely maintained by a certified technician every 1 to 2 months.
Drivers facing their first DUI or DWI offense, who participate in the IID Program, will be expected to have to get the Interlock device installed in their vehicle for 1 year on average if convicted of the charge.
Besides the higher car insurance rates for 5 years after a guilty plea or conviction, first offense DUI drivers must also pay fines that start at $1,300 in most states. If a DUI, DWI case is still pending in court, many drivers may have defenses and alternate options to using the ignition interlock device than they are even aware of under new 2019 IID laws.
Drivers that need to install the Ignition Interlock device can expect to pay the following costs:
- Average $160 installation fee
- Monthly $30 administration fee
- Daily monitoring charge approx. $3.50
- $60 fee to remove the interlock at the end of the required installation time period
- Additional fines will also apply if the device records any violations
IID Defenses to Avoid Mandatory 6 Months Time Using Ignition Interlock Device After a 1st Offense DUI, DWI
In most first offense cases after a DUI or DWI, a driver can expect to have an ignition interlock device installed for six months instead of mandatory license suspension that happens. We help drivers prevent having to install the expensive and intrusive Ignition Interlock device in their car, when we can review the arrest early enough and avoid a first DUI offense conviction from ever happening.
While reviewing an arrest online, we will evaluate your chances of success getting out of an ignition interlock requirement and will also assess the possibility of alternate solutions to using the device. An arrest review in time will provide drivers defense strategies that rigorously make sure the police and prosecutor’s work is challenged.
Only a complete review and analysis of the evidence in your arrest, including the police report and your version of events, will allow our lawyers free legal advice to suggest a tailor-made approach for you. Rest assured, your arrest will be examined meticulously to help avoid the costly time an ignition interlock is required under 2019 IID laws after a first DUI, DWI offense.
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