Ignition Interlock Devices in Salisbury DUI Cases
An ignition interlock device is a piece of equipment installed on a driver’s car. It takes samples and registers the BAC of the driver. The driver blows into the device before starting the vehicle. The vehicle does not start until a breath sample has been provided and analyzed. The vehicle does not start if the ignition interlock device registered a positive breath test result. For information regarding whether you may need an ignition interlock device, call a Salisbury DUI lawyer today to discuss your case.
How Ignition Interlock Devices Work
Once the vehicle is started, the ignition interlock device requires that breath samples be provided while the car is being driven. The driver has to anticipate that they have to blow into the device multiple times in getting from point A to point B.
In order for somebody to be placed on the ignition interlock device, certain consequences take place at the MVA. For example, when a driver is stopped for suspicion of DUI and they agree to take a breath test, if that breath test result is a 0.15 or greater, the person is only able to drive a car if it has an ignition interlock device installed. Otherwise, their driver’s license is suspended.
The MVA gives the person the right to elect the ignition interlock program. They fill out the necessary paperwork to have an ignition interlock device installed on their car. If they visit the MVA with the completed paperwork, they get a restricted license showing they can only operate a vehicle with the ignition interlock device installed on it.
Other circumstance where a person may get the device on the car is if they were convicted of a DUI and the points had been assessed. The driver typically is suspended under that scenario based on the points alone, but the MVA often will allow the person to legally drive with an ignition interlock on the car.
Circumstances That Require An Ignition Interlock
If an individual was asked to take a breath test by a police officer and that breath test result is a 0.15 or greater, the driver needs to get the ignition interlock device installed on their car or their license is suspended and they cannot drive.
If the person’s breath test result is 0.15 or greater, the only way that they’re going to be able to legally drive a car is if they have the ignition interlock device installed. Also, if an individual goes to court and is convicted of a DUI, that conviction is communicated to the MVA. The MVA could require that the driver get the ignition interlock on their car or their license would be suspended.
Length That An Ignition Interlock
If the interlock ignition device is installed because the driver’s BAC is 0.15 or greater, the device is on their car for one year. However, it’s important also for a driver to understand that the MVA has the authority to extend the time period the device is in the car.
The MVA extends the time period, for example, if the driver registers a positive breath test result when the device is in their car. If they attempt to start their car and it registers a positive breath test result; that could trigger the MVA sending the driver a letter. The letter would state that the MVA received a positive breath test from the person’s ignition interlock device and the period for having an interlock in their car is extended. .
The time frame for the device being in the car is very long and it is not an enjoyable experience. It costs money to have it installed and serviced.
So, there are a lot of consequences, to having that device installed.
Alternate Alcohol Monitoring Devices
There are no other alcohol monitoring devices used in Salisbury. The ignition interlock device is what is accepted by the court system and by the MVA to allow a person to drive a car.
On a related issue, it’s very typical for judges in Wicomico County and on the lower shore to require that a driver has an alcohol restriction placed on their license. The judges order a defendant to totally abstain from consuming any alcohol.
If a person is stopped by the police and the officer asks to see the person’s driver’s license, they will see that there is an alcohol restriction on their license. If the driver has alcohol in their system, they are violating the judges’ probation, and they are also putting themselves at risk for being ticketed with violation of alcohol restriction.