Fort Wayne DUI lawyer explains IIDs and their benefits and requirements
A person convicted of driving under the influence in Indiana may be required to have an ignition interlock device (IID) installed in their car in order to prevent future drunk driving. This requirement is imposed at the discretion of the sentencing judge, and it creates a legal obligation as well as penalties for violations. At the Law Offices of Ryan E. Lackey in Fort Wayne, we will help you understand your responsibilities and your rights if you are ordered to use an IID.
What is an ignition interlock device?
An ignition interlock device is a type of breathalyzer test that connects to a motor vehicle’s engine system. Drivers must blow into it in order to start the vehicle. If it reads a level above the maximum legal blood alcohol concentration (BAC), the vehicle will not start. A DUI offender who is ordered to have an IID installed must pay for the installation as well as for the regular maintenance of the device.
When is an IID required by law?
Indiana is one of six states that does not have a statewide rule for when an IID must be installed. Instead, the decision is left to the decision of the judge based on the circumstances of the case. When you have been arrested for driving under the influence, our Allen County DUI lawyer will seek to have your charges reduced, potentially helping to avoid the requirement to use an IID. However, an IID can be a way to ease the effect of suspension of your license, such as be allowing limited driving privileges.
DUI penalties that involve using an IID
Penalties for DUI in Indiana can include probation, jail or prison time, fines and license suspension. How severe the penalty is depends on whether the offense is charged as a misdemeanor or felony. Convictions on more serious charges are more likely to result in the requirement to install an IID. If a person’s license is suspended due to DUI, judges may order an IID to be installed so that the person can retain certain privileges, such as the ability to drive to work.
How long do you have to use an IID?
The duration of mandated IID use depends on the specific facts of your case. If your BAC was high or you have had multiple DUI convictions, you would typically be required to use it for a longer time period. Removal of the IID requires court authorization. If your driving record since your DUI arrest has been unblemished and you have complied with terms of IID use, the court may grant early removal.
Consequences of IID violations in Indiana DUI cases
Tampering with an IID in Indiana is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. It may cause you to have to use the IID for a longer time period than originally ordered. Failed IID tests are reported to the Bureau of Motor Vehicles (BMV) and can lead to extension of duration of the IID requirement. Repeated violations can result in revocation of restricted driving privileges and disqualification from the IID program. If you are accused of an IID violation, we will take positive steps to defend you and to help avoid serious penalties.
Contact our Indiana law firm about ignition interlock device use in your DUI case
Our attorney at The Law Offices of Ryan E. Lackey in Fort Wayne can address the terms and conditions for installing an IID on your vehicle after a DUI conviction. To arrange a free consultation, call us at 260-222-7364 or contact us online.
