An ignition interlock device (“IID”) is a device that is attached to a vehicle which prevents the vehicle from starting without the operator blowing into the device to measure the operator’s blood alcohol concentration (“BAC”). An IID will prevent a vehicle from starting if the device registers a BAC of 0.02 or higher.
An IID may be required pretrial as an alternative to suspension of your driving privileges, pre/post-conviction as a condition of specialized driving privileges, or post-conviction as a condition of probation.
If the court orders an IID after conviction, the court must state how long the device must remain installed but cannot require a driver to keep the device longer than the maximum term of imprisonment that the court could have imposed. If the IID is ordered as a condition of Specialized Driving Privileges, the court may require a driver to keep the device throughout the entire duration of the Specialized Driving Privileges or for a fixed term ordered by the court. Any person who is required to have an IID is responsible for paying the fees for installation, leasing, maintenance and removal of the device, as well as any other fees imposed by the court.
The provider of an IID is required to report to the court the following:
- Attempts to start the vehicle with a BAC of 0.04 or higher;
- Failure to take or pass any required test; or
- Failure of the driver to report to the facility for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.
Violation of a court order for an IID is a crime punishable by up to one (1) year in jail and a fine of up to five thousand dollars ($5000). Knowingly or intentionally tampering with an IID is a crime punishable by up to one hundred eighty (180) days in jail and up to a one thousand dollar ($1000) fine. Knowingly assisting a person who is restricted to use an IID to violate the court’s order is a crime punishable by up to one (1) year in jail and up to a five thousand dollar ($5000) fine.
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