If Indiana convicts you of DUI, or if you plead guilty, you might face suspension of your driver’s license. Even after the state restores your driving privileges, you might be forced to use an expensive ignition interlock device (IID) or your vehicle.
We can help you beat a DUI prosecution, even if conviction or a plea bargain turns out to be unavoidable, we might be able to reduce the length of time of your license suspension or the requirement that you use an IID. Call Stracci Law Group immediately at (219) 525-1000 or contact us online.
How Ignition Interlock Devices Work
An ignition interlock device (“IID”) is a breathalyzer that is installed to the dashboard and engine of your vehicle by a third-party provider. The IID requires that you blow into the device to measure your blood alcohol concentration (“BAC”) prior to starting your vehicle. If the device measures a BAC of 0.02 or higher, the vehicle’s ignition will be locked. You may also face additional criminal liability if alcohol is detected or if you are tampering with the IID.
Indiana Law on Ignition Interlock Devices
Prior to the conclusion of your OWI case, the court may issue an order recommending your vehicle be equipped with an IID regardless of whether you refused to a chemical test or submitted to a chemical test that resulted in prima facie evidence that you were intoxicated. It is in your best interest to have an attorney petition the court for an IID in lieu of suspension and advocate on your behalf. If the petition is granted, the IID order remains in effect until the BMV is notified by a court that your criminal charges have been resolved.
If the court orders an IID after conviction, it 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.
The IID provider is required to report to the Court the following:
- Attempts to start the vehicle with a BAC of .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.
A person who knowingly or intentionally violates a court’s order for ignition interlock as a condition of a specialized driving privileges order commits a Class A misdemeanor, which is punishable by 0-1 year in jail and up to a $5,000.00 fine.
Why Hire an Experienced DUI Defense Attorney For Your IID Case?
Typically, under Indiana law, a person who is alleged to have refused a chemical test under Indiana’s implied consent law is only eligible for an IID. If you did not refuse a chemical test, you are likely eligible for an IID or Specialized Driving Privileges. In most cases, the better your driving record, the more options you may have. While both an IID and SDP restore your driving privileges, there are pros and cons to both.
The advantage of an IID is the freedom to drive anywhere, at any time, without any restrictions. However, an IID is more expensive and will be clearly noticeable in your vehicle.
On the other hand, specialized driving privileges do not require installation of a breathalyzer and obvious fees. However, they restrict where and when you can drive your vehicle. An IID program lawyer from Stracci Law group can help you determine the best option to fit your lifestyle. We will help you get back onto the road.
Contact Our Ignition Interlock Device Defense Attorney In Northwest Indiana
If you have been charged with OWI/DUI in NW Indiana, don’t hesitate to contact the OW/DUI lawyer team at Stracci Law Group. The Indiana criminal justice system moves quickly, and prosecutors are aggressive. You are going to need help right away to avoid a wide variety of penalties, including but not limited to restrictions on your driving privileges. We serve clients in Crown Point, Valparaiso, Hammond, Gary and elsewhere in NW Indiana.
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