Charlotte Criminal Lawyer Blog
What to Know About Ignition Interlock Devices in North Carolina
Driving while impaired is a serious charge, and a DWI conviction comes with severe consequences. In some cases, you could lose your driver’s license for a period of time, face fines, and points on your license. In some cases, you will be required to install a breathalyzer device in your vehicle before you can get behind the wheel. What is an ignition interlock device, and when is it necessary in North Carolina?
What is an Ignition Interlock Device?
An ignition interlock device (IID) is an electronic breathalyzer that is installed in a vehicle. The device requires you to pass a breathalyzer test before starting the car. The device locks the ignition unless and until you pass a breathalyzer test. You blow into the device, which calculates your breath alcohol concentration (BAC). If you fail the breathalyzer, the vehicle will not start. In addition, a failure report will be sent to the agency or probation officer monitoring your case.
When Must You Use an Ignition Interlock Device?
IIDs are generally required in cases of repeat DWI convictions and in cases of high BAC. In cases where the BAC was below 0.15%, typically no IID is required unless you are specifically requesting limited driving privileges. In cases where the BAC is at 0.15%, an IID is usually required for a period of at least one year. A person convicted of two DWIs or more during a 7-year period will be required to have an IID. The judge will ultimately determine whether an IID is necessary.
Installation of An Ignition Interlock Device
If you are required to use an IID, you are in charge of getting the device installed into your vehicle. You must pay the expenses for installation and use while you are in the program. You need to choose a provider approved by the state of North Carolina. These vendors are certified in IID installation and monitoring. The approved vendor list is available through the NC Department of Motor Vehicles (NCDMV). The provider will forward a copy of proof of installation to the NCDMV. Be sure to obtain a copy of the document to use in court if needed.
IID Program Rules
The court will require you to participate in the IID program for a specific period of time. You must comply with the rules of the program. You are required to use the IID every time you operate your vehicle. You are not allowed to disable the device or tamper with it. During the program, you must submit to random testing. While in the program, it is your responsibility to ensure the device is working properly and is regularly updated as needed.
It is important to note that you will be allowed to drive only while in a vehicle equipped with an IID. If you drive a non-IID vehicle during this period, it is a criminal offense, and you could have your license permanently revoked. If you fail to comply with the program requirements, you risk having your license suspended or having an extension of the program.
DUI charges are serious, so you will want to seek legal guidance as soon as possible after an arrest. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.aamva.org/topics/ignition-interlock
https://www.ncdot.gov/dmv/Pages/default.aspx
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