Criminal Law

Do You Have to Get an Ignition Interlock Device Installed?

Discover if you need an ignition interlock device installed after a DUI conviction and understand the laws surrounding its requirement

Understanding Ignition Interlock Devices

An ignition interlock device is a breathalyzer for vehicles that prevents the engine from starting if the driver's blood alcohol concentration exceeds a certain level. This device is often required for individuals convicted of driving under the influence (DUI) as part of their sentence or to reinstate their driver's license.

The installation of an ignition interlock device is typically mandated by the court or the department of motor vehicles in the state where the DUI offense occurred. The device must be installed by a certified technician, and the cost of installation and maintenance is usually borne by the offender.

Laws Surrounding Ignition Interlock Devices

The laws regarding ignition interlock devices vary by state, but most states have laws that require the installation of these devices for certain DUI offenders. Some states require all DUI offenders to install an ignition interlock device, while others only require it for repeat offenders or those with high blood alcohol concentrations.

In addition to state laws, some federal laws also govern the use of ignition interlock devices. For example, the federal government provides funding to states that have laws requiring ignition interlock devices for certain DUI offenders.

Who Needs an Ignition Interlock Device?

Not everyone who is convicted of a DUI needs to get an ignition interlock device installed. Typically, first-time offenders with low blood alcohol concentrations may not be required to install the device. However, repeat offenders, those with high blood alcohol concentrations, or those who have been involved in an accident while driving under the influence may be required to install an ignition interlock device.

The decision to require an ignition interlock device is usually made by the court or the department of motor vehicles, and it is based on the specific circumstances of the case. Factors such as the offender's driving history, the severity of the offense, and the risk of recidivism are taken into account when making this decision.

The Process of Installing an Ignition Interlock Device

The process of installing an ignition interlock device typically begins with a court order or a notification from the department of motor vehicles. The offender is then required to contact a certified installer to schedule the installation of the device.

During the installation process, the technician will connect the device to the vehicle's ignition system and ensure that it is functioning properly. The offender will also be required to provide a breath sample to calibrate the device and to demonstrate how to use it.

Maintaining and Removing an Ignition Interlock Device

Once an ignition interlock device is installed, the offender is responsible for maintaining it and ensuring that it is functioning properly. This includes regular maintenance checks, updating the device's software, and addressing any issues that may arise.

The ignition interlock device can be removed once the court-ordered or DMV-mandated period has expired. The offender must contact a certified technician to remove the device and provide proof of removal to the court or DMV.

Frequently Asked Questions

What is the purpose of an ignition interlock device?

The purpose of an ignition interlock device is to prevent a vehicle from starting if the driver's blood alcohol concentration exceeds a certain level, typically 0.02% or 0.04%.

How long do I have to keep an ignition interlock device installed?

The length of time you have to keep an ignition interlock device installed varies by state and depends on the specific circumstances of your case, but it is typically between 6 months to 2 years.

Can I drive any vehicle with an ignition interlock device?

No, you can only drive vehicles that have an ignition interlock device installed. You will need to have the device installed in any vehicle you plan to drive during the mandated period.

How much does an ignition interlock device cost?

The cost of an ignition interlock device varies by state and provider, but it typically ranges from $50 to $150 per month, plus installation and removal fees.

Can I remove an ignition interlock device myself?

No, you should not attempt to remove an ignition interlock device yourself. Only a certified technician can remove the device, and you must provide proof of removal to the court or DMV.

Will an ignition interlock device affect my car's warranty?

It is unlikely that an ignition interlock device will affect your car's warranty, but you should check with your vehicle's manufacturer to confirm.