If you find yourself in the situation of having an Ignition Interlock Device, called an IID, installed in your car, there are certain things that you need to know about. Remember, even though it is required in many cases, the IID is still giving you a second chance to get back on the road. San Bernadino DUI lawyer, Stephen Levine offers the following advice for those needing to use an IID.
Follow the Rules to the Letter
With the use of the IID, you may feel embarrassed but it is actually allowing you to drive. Since it is meant to give you that second chance, it is imperative that you follow all rules regarding the IID. If you do not, you risk being arrested for tampering with the IID or for using it improperly.
Make sure you are the only one blowing into the device. There is a camera in many of these devices which records who is driving. If someone else is going to be driving the car, then they have to be driving the entire time or there will probably be a positive result during a random test, which is referred to as a rolling retest. The same driver has to drive continuously because the state doesn’t want you beating the system. If someone without alcohol blows into the device, and then later you start driving with alcohol on your breath, the device will register the difference and know that the system has been tampered with. Don’t try it, it’s not worth it and you can be arrested. You can lose your license for a longer period of time or even permanently in some cases. You may also incur additional penalties. The camera and the IID will give you away.
Do not even think of dismantling the IID. You will be caught and will have to risk arrest and more fines. You also risk losing your license. Some of the penalties you missed the first time around might come into play the second time around. You don’t want to have to worry about possible confiscation of your vehicle. The IID has been installed with anti-tampering devices so that you follow all the rules.
Don’t interfere with the operation of the IID in any way. You risk arrest, driving privileges, and additional penalties.
Make sure to go for the mandatory calibration at the certified installer when either the court or the device itself tells you to go. If you fail to go, it could be viewed as your attempt to cheat the system, which will not be tolerated. You could lose all driving privileges, risk arrest, and risk further penalties.
What If The IID Is Too Embarrassing To Use?
Is the IID embarrassing? It depends on you, but to most people, it is. People will watch you as you blow into the IID, something they may never have seen before. Your use of it depends on how much you want to drive or on how much you need to drive.
Occasionally there may be some ways which can lessen the embarrassment to the user. For example, some installers will permit the part of the IID which you blow into to be below the dashboard of your car. If this is the case, you can duck your head down and blow into the device to start the car. This is not always recommended because you will want the camera to register you as the driver of the vehicle. However, when you have driven with the IID for several months and have been progressing well, you may want to ask to have the device lowered so you are not taking a Breathalyzer for the entire world to see. Even lowering the device a little bit may save you the embarrassment. This way, no one will know it’s in the car except you, your probation officer if any, the installation company and your lawyer. You will not be able to do this, obviously, during a rolling retest, but the IID is less conspicuous when you’re out on the road.
Consult with knowledgeable DUI attorneys who have lots of experience with IIDs and can advise you about what you can and cannot do with the IID in your car. They will understand that the situation can be embarrassing to you and will be able to answer any other questions you have about the aftermath of your DUI case.
Bio:
Georgina Clatworthy has been a legal writer since 2010, producing articles about DUI, traffic offenses and personal injury claims. She is now a contributory writer for DUI attorneys Milligan, Beswick, Levine and Knox.
Under the authority of the state, those convicted under DWI charges either for measuring beyond the prescribed BAC level or for not conforming to the Field Sobriety Tests, will have their driving licenses revoked or suspended until adjudication
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Absorption Rate
The rate at which the alcohol consumed is absorbed in the blood stream is called the absorption rate. This normally varies depending upon the nature of alcohol consumed, food intake of the individual and the duration of consumption of alcohol.
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Blood Alcohol Content
(BAC)
It is a test which measures the concentration of alcohol in the blood stream of the accused from the blood sample of the suspect. An individual is convicted under DWI laws depending upon the BAC content where it is beyond the prescribed limits
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Breathalyzer
It is an instrument used by enforcement officials to measure the blood alcohol concentration of the suspect by way of testing his/her breath sample
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Burn Off Rate
It is the rate at which the alcohol consumed in the body is metabolized by the body. The rate at which it happens depends upon the concentration of drinks taken by the individual. The regular rate of metabolism is about one ounce per hour
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Chemical Tests
All the tests undertaken to detect the amount of alcohol concentration in the body namely blood, breath and urine test fall under this.
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Conditional License
Where there is a revocation of license due to non compliance of DWI terms, a conditional license is issued to the accused on a condition of compliance of a certain act say attending a DWI course, after which the license is fully reinstated
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Community Service
An accused under the DWI law is allowed to compensate his /her penalty or fine by way of community service, which involves reporting to duty on community related services like sweeping, picking trash or any other public oriented work. The individual is allowed to stay at home and report to duty during the day
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DUI
Driving under Intoxication (DUI) is a state, where an individual is found driving a vehicle under the influence of alcohol. This also includes intoxication caused due to drugs other than alcohol. A person is subject to a DUI charge, where he is found driving under the influence of alcohol
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DWI
Driving while Intoxicated (DWI) is a term similar to that of DUI which indicates that the driver engages in operating the vehicle under the influence of alcohol. A person convicted with a DWI charge is subjected to imprisonment, penalty and fine.
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Felony
A felony in short means a serious crime that involves offences like rape and death. Where a fatal accident has taken place as a result of drunken driving, the accused is convicted under first degree felony, involving severe punishments and imprisonments. A 2nd and 3rd degree felony convictions are not severe in nature. Felony convictions are also evoked against repeat offenders
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Field Sobriety Test (FST)
These are some of the on the spot test conducted by enforcement officials, where they suspect a person driving a vehicle is under the influence of alcohol. These tests involve blood and breathalyzer test that measures the concentration of alcohol in the body of the convict. Where the convict refuses to take FST or measures an alcohol level that is more than the prescribed limits, he/she is convicted under DWI charge.
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Habitual Offender
Where an individual is convicted under DWI charges repeatedly for more than 3 times he is classified as a Habitual Offender and is subject severe penalties that also involves conviction under felony charges.
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Ignition Interlock Device
An ignition interlock device is used to test the blood alcohol content of the driver. Where the breath test reveals a BAC beyond the set limits of say.20, the device connected to the engines ignition system prevents the vehicle from starting. This device is located near the drivers seat is compulsory in certain states where the driver was already subject to DWI charge even once.
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Impaired
Impairment is a physical state where the driver has lost complete control over his body due to alcohol consumption. Enforcement official can still subject a person under DWI charges even where the BAC is below .08, if he finds that the drivers ability to drive the vehicle is completely Impaired Driving
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Implied Consent Laws
An implied consent law is observed by certain states in the US, wherein the driver of a vehicle gives an implied consent for blood alcohol measurement at the time of issuing drivers license. In such states where a person refuses to take this test he/she is subject to penalties and even revocation of license
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Miranda Rights
A Miranda right is all about informing the suspect of his right to remain silent and proceed cooperating with enforcement officials under the guidance of his lawyer. It is the duty of the enforcement official to make a statement of Miranda Rights to the accused.
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Misdemeanor
These are crimes which are less serious in nature when compared to a felony. First degree misdemeanor crimes are subject to severe punishments. Any first time DWI charge is commonly categorized as misdemeanor
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Open Container Laws
As per Open Container Laws, travelling with a open alcohol containers in a car is prohibited. Many states have adopted this law to ensure there is no drinking of alcohol especially by the driver of the vehicle while travelling.
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Zero Tolerance BAC
A Zero Tolerance Test is law relating to juvenile drinking. Where a person driving a vehicle has not attained his legal drinking age of 21 and is found to be under the influence of alcohol then is subjected to a DWI charge even if a trace of alcohol is measured in his blood irrespective of the levels.
