If you have been convicted of driving under the influence, you will likely need to install an ignition interlock device in your car before you are allowed to drive. It is important to understand how the device works and the penalties for failing a test or trying to avoid using it.
The Illinois DUI defense lawyers at Fabbrini Law Group are here to help you understand what you need to know about ignition interlock devices.
What Are Breath Alcohol Ignition Interlock Devices?
A Breath Alcohol Ignition Interlock Device is a device installed in a vehicle that checks the driver’s alcohol level. If the device detects too much alcohol, it will not allow the car to start.
To use an ignition interlock device, the driver must blow into the device before starting the car. If the device detects alcohol, the car will not start, and the driver must wait before trying again.
You are not only tested when you start the car. The device can also require a “rolling retest,” which is a random breath test while the car is running. This is meant to make sure you do not drink alcohol after the first test.
When Is an IID Required?
After a DUI arrest, a first-time offender may apply for a Monitoring Device Driving Permit. This permit allows the person to drive if an ignition interlock device is installed in the vehicle. It lets you keep driving while your license suspension is in effect.
People with a second or third DUI must also use an ignition interlock device if they want to drive again. The device is required to get their driving privileges back. In many cases, it must stay in the vehicle for at least five years before the person can fully reinstate their license.
Ignition interlock devices are also mandatory for restricted driving permits. These permits allow limited driving, such as going to work, school, or approved medical appointments. The permit is extremely rigid, and driving anywhere that is not one of the pre-approved places could result in additional penalties.
No matter your situation, if you want to drive after a DUI arrest, you will likely need an ignition interlock device in your vehicle. If you refuse to use the device, you will not be allowed to drive during your suspension or revocation period. This is serious; driving without a required ignition interlock device after a DUI arrest is a felony and can lead to prison time.
How Do I Get My IID Installed?
If you are given an MDDP after a DUI conviction, Illinois law requires you to install an ignition interlock device in every vehicle you plan to drive while you have the restricted license. You must also get the device from a company approved by the state.
Unless you qualify as indigent, you are responsible for paying all costs. This includes the cost of the device and the monitoring fees charged by the Secretary of State.
You will also need to bring your vehicle in regularly to have the device checked and serviced. You may also be required to get service if:
- The device detects tampering: Any attempt to bypass or interfere with the device triggers service.
- You register a BAC of 0.05 or higher: This applies if it happens within a 30-minute period.
- The vehicle will not start after multiple tries: If you cannot start the car more than 10 times in a row, service is required.
How Do Courts in Illinois Monitor IIDs?
When you use an ignition interlock device, the test results are sent to the court. The Secretary of State reviews the device data about every 60 days. If he detects a violation, you could receive a warning letter. If you do not respond to this letter with a plausible explanation, your license suspension could be extended.
Since an IID monitors your blood-alcohol level, the court will be well aware if and when you have alcohol in your system, which will prevent your car from starting.
What Are the Penalties for Misusing an IID?
If you have an ignition interlock device in your car, the best and most obvious choice is not to drink before driving. Trying to fool the device generally won’t work because these devices are designed to detect attempts to circumvent them. For example, to ensure that the driver is the one taking the test, ignition interlock devices have cameras that record the person blowing into the device.
The court can also tell if you do not install the device or if you try to remove it. The device sends alcohol test information to the court, which shows whether it is being used as required.
Tampering with the device can lead to serious penalties. These can include losing your permit or having your license suspension extended by up to two years.
Charged With a DUI in Illinois? We Can Help
If you are facing a DUI charge or having problems with an ignition interlock device, the Illinois DUI defense lawyers at Fabbrini Law Group are ready to help. Alcohol-related charges are taken seriously in Illinois, so it is important to get legal help as soon as possible.
If you are dealing with a DUI charge or ignition interlock issues, getting legal help right away can make a difference. Call Fabbrini Law Group at (312) 494-3131 or fill out the contact form on our website to speak with an Illinois DUI defense lawyer and learn your options.