IGNITION INTERLOCK DEVICES
One of the newest provisions of Melanie's Law mandates the use of Ignition Interlock Devices (IID) for those with prior OUI convictions.
An IID is a hand-held breath-alcohol content (BAC) monitoring device - about the size of a cell phone - that is electronically connected to a vehicle's ignition and operates as an ignition kill system unless the operator first passes a breath test to start the vehicle. The device does not allow the vehicle to start if the operator has a BAC of greater than .02%.
Once the vehicle is started, the driver will periodically be required to take and pass "rolling retests" while operating. The device will omit an audible signal, and the driver has five minutes to either pull over and take a retest, or take one while operating. If this test is above a .02%, the car will "lock out" and once the car is shut off, will not start until a new test is passed.
The IID is required for each vehicle owned, leased, or operated by any driver who has two or more Massachusetts OUI convictions, including "like offenses" in other states. Moreover, the device must be used for the duration of any Hardship License granted, and for an additional two years after license reinstatement.
Massachusetts Ignition Interlock Devices
Are Notoriously Unreliable
Often times, Ignition Interlock Devices register alcohol when no alcohol is present. As the Registry of Motor Vehicles (RMV) is sent device readings (which create an unrebuttable presumption of accuracy), our attorneys recommend you immediately go to a hospital to obtain a comparison blood alcohol test if your device registers a violation when you have not consumed alcohol.
Every month, the unit must be brought back to the installation center for downloading of date, and violations or tampering is reported to the RMV. If a person fails two tests within a service period, he or she faces a ten-year license loss.
WARNING -
Four Ignition Interlock Device-Related Criminal Offenses
The Massachusetts Court system considers the following criminal offenses:
- Operating a motor vehicle without an Ignition Interlock Device
- Tampering with a an Ignition Interlock Device
- Breathing into an Ignition Interlock Device or starting a motor vehicle for a person who has an IID restriction
- Knowingly permitting a person who has an IID-restricted license to operate a motor vehicle not equipped with such a device
Our Ignition Interlock Device Attorneys Fight to Win!
For a FREE Case Evaluation about your Ignition Interlock Device Violation through the RMV, fill-out our online form, or call (888) 693-8434 to make an appointment at one of our local offices. We answer our phones and return calls 24/7 - we even meet clients on Sundays!
Learn more by contacting one of our DUI Defense Lawyers.