It depends on what the ignition interlock device is for. If someone is convicted of a first-time regular alcohol DUI, they are required to have an ignition interlock device on any vehicle they operate for one year, however, that can be reduced down to six months if they do the first six months correctly. So, doing the first six months correctly means blowing into the device every time it beeps, not testing positive for alcohol more than twice and not testing above a 0.08 even once. If someone is able to fulfill all these requirements, then they are eligible to get their ignition interlock device off six months early, on a first-time regular alcohol DUI.
On every other type of case, if they are required by the Motor Vehicle Division to have an ignition interlock device on their vehicle and if there is any type of violation, that can lead to an extension of their ignition interlock device. There are certain people that have their ignition interlock device on their vehicle for years because of an isolated incident because they keep forgetting to blow or they arrive at a destination when the ignition interlock device is beeping at them telling them to blow into the device and they end up shutting off the car and walking away or they blow into the device and they test positive for alcohol.
The devices are set up so that if someone blows into the device and they test positive for alcohol, there will be another test a few minutes later just to see if it is truly a test for alcohol or if it is something like mouthwash which will dissipate quickly. Some people, if they test positive for alcohol on the first test, they will just say, “I didn’t realize that this was a problem. I’m not going to blow into this a second time” and then that is going to be a violation. Any time that there is an allegation of a violation, the Motor Vehicle Division will notify the ignition interlock device holder, will tell them that there is a violation, that they are eligible to have a hearing if they choose to have a hearing.
It is always a good idea to ask for a hearing, always try to challenge that and be sure that the Motor Vehicle Division has your most updated address because they are just going to send that notification through regular mail.
Can An Attorney Assist With The MVD Hearing?
An attorney can assist in that case. It is a civil attorney that handles Motor Vehicle Division aspects. I just focus on the DUI cases, the criminal aspect of the DUI cases, I do not handle the civil aspect but I believe that there are attorneys out there that specifically concentrate on that. I am not sure if it is worthwhile to have an attorney at one of those hearings but there are certain attorneys that at least, to some degree, focus on doing the civil aspect of the Motor Vehicle Division hearings.
The Most Common Violations Of The Ignition Interlock Device
The most common that I have heard of are people that have to blow into the device to start the vehicle, as they are driving the vehicle, the device will start beeping at them. When they come to a stop sign or a stoplight, they are supposed to blow into it again. When they arrive at their destination, if the device is beeping at them to blow in to the device, even if they have arrived at their destination and they do not plan on driving anymore, they need to. Nonetheless, blow into the device. There are some people that decide, “I’m at my destination and I’m not going to drive anymore. I’m just going to shut off the car and go into the mall” or go wherever they are going and that is a violation.
If that thing beeps, it needs to be blown into. That is the most common one. There are some allegations of people blowing into breath testing devices for other people, which is illegal to blow into a device for another person. However, if you think of the reality of the situation, there are some households that only have one car. If the husband gets a DUI and the wife also drives that car, the wife now has to comply with the ignition interlock device requirements and has to blow into the device to start it and blow into it every time it beeps. Otherwise, the husband is the one that is going to get into trouble. Other people are required to blow into the ignition interlock device and utilize the ignition interlock device but it becomes illegal if the wife were to blow into the device for the husband and then allow the husband to drive away.
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