This page summarizes what the DUI Ignition Interlock laws are in each state, March 2023. We understand the law for a first offense can be especially confusing as to what exactly will happen, and we have outlined a break down of each state’s new Ignition Interlock laws in a straightforward way to understand. Furthermore, reviews are provided of the most commonly installed, top interlock companies such as Guardian and Lifesaver.
Find out about low cost options many drivers have to get an Ignition Interlock device in their car, how the program works, and possible legal methods to avoid having to use and install an Ignition Interlock Car Breathalyzer for a first DUI, DWI offense. Below are the contents of the information for Ignition Interlock laws in every state, and how it will affect a person if convicted for driving under the influence charges. An online arrest review will also explain the exemption for ignition interlock device form, and ways to possibly avoid the interlock under the current law.
- IID Program overview
- New Ignition Interlock state laws for a 1st DUI offense
- Interlock rules and requirements
- Removing the interlock
- How DUI Interlock laws work with a license suspension
- Interlock Car Breathalyzer penalties
- Cost of an Ignition Interlock device
- Installation fees
- Ways how to avoid getting an Ignition Interlock for DUI
Below are answers for 2 of the most common questions people have when required to drive with an ignition interlock device, that relates to both personal use and work.
1. Can I drive with an interlock to another state?
Yes, however a person must make sure beforehand that their restricted interlock license allows them to cross state lines. Regardless of whether moving out of state or temporarily traveling on vacation, driving out of state during an IID requirement period does not permit an individual to drive without an interlock. What happens when a person gets caught driving without an interlock device for any reason, a person can expect even more serious legal costs and longer license suspension consequences to be imposed at the next court appearance.
2. What happens if you get caught driving a car without interlock by police or the court?
When a person is required to have an ignition interlock in order to legally drive again, this means every vehicle a person will drive must have an IID installed, including a company car or vehicles used for work. Driving any vehicle for personal use or work without an interlock device installed, is against the law and will result in further penalties when pulled over by police or otherwise discovered by the court. What happens next is you can also go to jail for driving without an ignition interlock, in addition to immediately having a restricted hardship license for work revoked.
A driver will have additional fees and requirements if an interlock records a violation:
- 1st IID violation – an individual is required to report to the interlock program for a monitoring appointment, which will cost an average fee of $30.
- 2nd interlock violation – a person will be required to report to the interlock device program for a monitoring appointment for a new case management plan, that will cost an average fee of $60. A driver must report monthly to the interlock program during the entire period of time that an ignition interlock is installed. A person can also expect this program to include an additional $50 per month compliance fee for a second interlock violation.
- 3rd interlock device violation – a driver will have to report to the ignition interlock program in order to likely have to take part in further alcohol treatment, which typically costs $73 on average. A convicted DUI offender with a third ignition interlock device violation will be required to finish alcohol/drug counseling and the length of time of using an interlock could be increased.
What are the Individual State Ignition Interlock Penalties for Driving Under the Influence of Alcohol?
Nearly all states today use a number of different penalties which also include the requirement and cost of getting an Ignition Interlock device to punish those convicted of DUI. This punishment is a means to discourage drinking and driving behavior for the safety of the driver as well as the safety of others.
The best way how to avoid the severe penalties and costs is to know exactly what to do for methods to challenge any charges successfully, when a case can gets dismissed in court. However those who get convicted of DUI-related violations for the first time in any state, a person will face the following first offense DUI ignition interlock penalties and license suspension consequences:
- 24 Hours to One Year in Jail
- Paying Fines Between $300 and $1,000
- Having a License Suspension or Ignition Interlock device of Up to One Year
Repeat DUI offenders face the same types of penalties, but they are often much more severe, meaning longer jail time and license suspensions as well as higher fines. Those convicted of DUI a second time within a 10 year period face the following 2023 state consequences:
- Three Days to One Year in Jail
- Paying Fines Between $600 and $1,000
- Serving a License Suspension of Three Years
- Having to Install and Use an Ignition Interlock for a longer period of time as court ordered
Third time DUI offenders can expect average state mandatory penalties to happen such as:
- 15 Days to One Year in Jail
- Paying Fines Between $1,000 and $5,000
- Serving a License Suspension of Five Years
- Having to Install and pay for all the costs of an Ignition Interlock for several years
Which States Will Enforce an Implied Consent BAC Testing DUI, DWI Law?
An “implied consent law” is a law enforced in almost every state across the country. This law states that those who are issued a state driver’s license automatically agree to have breath, urine, or blood testing completed in order to determine their BAC when it comes to a potential drinking and driving charge. Individuals do have the right to refuse a DUI Breathalyzer or blood test, but should they refuse the tests they will face fines and an automatic license suspension, which is handled separately from the license suspension they receive should they be convicted.
A person will also need to get an Ignition Interlock device on any car they will be driving, once they get their driver’s license back. It is important to also note that a DUI interlock device will be required to be installed on any work vehicle or company car a person will be driving for work as well.
For drivers arrested for DUI who want to fight the mandatory state ignition interlock requirement in time, a free guide to avoid an ignition interlock device is available to immediately download at your convenience. This guide is a helpful legal resource for drivers compiled by the nation’s top DUI, DWI lawyer specialists, instructing drivers of possible defenses to get out of an ignition interlock requirement they may not be aware of.
First time DUI, DWI offenders who refuse to submit to chemical testing have to serve a license suspension of one year – second time offenders who refuse testing a suspension of three years, and those who are on their third offense and refuse testing have their license suspended for a period of five years.
Any repeat offenders will also be required to get and use an Ignition Interlock for a longer period of time, when a second DUI or repeat offense is involved.
What is an Ignition Interlock Device and How Does it Work Under Different State Laws?
In some DUI and DWI-related cases, the court may order convicted offenders to install, use, and maintain an Ignition Interlock device, also called a car Breathalyzer Alcohol Ignition Interlock Device (BAIID). Simply, an interlock device is used to stop DUI offenders from driving a vehicle should their BAC be above the predetermined threshold for the device, which is most often set at a threshold of 0.05 percent.
The DUI IID machine links the vehicle’s ignition system with breath detection technology to help prevent offenders from driving when they are intoxicated by alcohol.
DUI Offenders who are ordered to use an Ignition interlock unit, need to blow into the device much like a Breathalyzer device in order to start their vehicle.
Should their blood alcohol content be below the threshold, they are able to start and operate their vehicle as usual. Should their BAC be above the threshold, the vehicle does not start and is not operational. Additionally, some interlock devices are programmed to require offenders to blow into the device while the vehicle is running during a trip in order to prevent drinking while behind the wheel.
When is Using a DUI IID Required in a Particular State?
Judges in the state court system of that particular region of the country, are required to order the installation, use, and maintenance of an Ignition Interlock device as a condition of reinstatement for a DUI offender’s driver’s license in the following circumstances:
- Second or Subsequent DUI Offenders – an Ignition Interlock is required for a minimum of 12 months
- Habitual DUI Offenders (Two or More Drunk Driving Convictions) – the car Breathalyzer interlock device is required for six months (after probationary license is issued)
Who is Going to Have to Pay for the Total Cost of Using an Ignition Interlock Device?
With almost all DUI-related cases in each the state where an Ignition Interlock is ordered, the person who is convicted or pleads guilty to a DUI/DWI offense is responsible for paying all costs associated with obtaining, installing, and maintaining the device.
DUI offenders who are ordered to get and install an interlock should expect to pay up to $100 to have the device installed – some companies do offer free IID installation. A person can expect to pay a cost between $75 and $125 in monthly leasing and maintenance fees. It is important to keep in mind these figures are rough cost estimates and the actual cost of installing and maintaining an Ignition Interlock device varies by location and provider.
What is the Process of Getting an Ignition Interlock Device Where I Live?
When convicted DUI and DWI offenders are ordered to use an Ignition Interlock as a term of getting a driver’s license back within their state, they will need to go through the appropriate process of obtaining and installing the IID. The device needs to be obtained from a state approved IID provider – these providers can be found throughout the state, and a list of approved providers can also be found on the state’s Department of Motor Vehicles website.
A drunk driving offender will need to lease the Ignition Interlock from an approved provider and also have the device installed in any of their registered vehicles by an approved installation professional. This will also include and company car or vehicle used for work, which could cause problems with many types of jobs.
Once the DUI IID device is installed at a nearby location, offenders likely have to provide proof of installation to the court as well as the Department of Motor Vehicles. The required documents include a copy of the IID lease agreement as well as a receipt reflecting the device’s installation.
In some cases, convicted DUI offenders also have to provide their Vehicle Identification Number (VIN). We realize just how much getting an Ignition Interlock can affect a person’s life, and this is also why one of the first questions people who have been charged for driving under the influence of alcohol have is “will I have to put an Ignition Interlock device in my car?”
After a DUI IID lawyer reviews a person’s own arrest details online with us, they can then be able to discuss any possible legal methods for which defense option is available.
Learn case winning strategies that apply to each different state with instructions to help avoid having to use or install an Ignition Interlock device, in order to legally be allowed to drive again after a recent DUI arrest.
Ignition Interlock Laws 2023 by State
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Ignition Interlock Device Laws March 2023 References: