In DUI defense a common question or problem involves the “ignition interlock device”. The law on the ignition interlock device states that the Department of Highway Safety and Motor Vehicles “shall require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence as specified”.
If specified, the Department of Highway Safety and Motor Vehicles is mandated to impose the condition on a driver even if the Court fails to make the ignition interlock a condition of probation. Even if not required, the Court can add an interlock requirement. Proof of installing the device is required before issuing a permanent or restricted driver license. An interlock device, must be placed on all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person.
The time an ignition interlock device needs to be installed varies from six (6) months to five (5) years depending on how many DUI convictions the person has in their past. In some instances, an interlock is required for a first DUI. For purposes of counting prior DUI offenses, any similar alcohol-related or drug-related traffic offense is counted as a conviction of driving under the influence. This is also true for enhancing a DUI. Alcohol related offenses could be a lesser charge than DUI in another state.
If a case is resolved, then it may be too late to remove the interlock requirement. These issues need to be worked out prior to sentencing. To hire a lawyer to defend a DUI of any kind, please click, call or fill out the form.