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Is The Ignition Interlock Device Mandatory To Install And Use?


What If You Are Found Driving A Vehicle That Does Not Have The Device Installed?

If you still have a suspended license and are not driving a vehicle with an ignition interlock installed, it’s a mandatory minimum 10 days in jail up to one year just because you’re driving. So it doesn’t matter if you’re running out to get cancer medicine for grandma, diapers for the baby, cigarettes for your wife or whatever it is, they don’t care: you’ll get zero sympathy from the Secretary of State, and they will forfeit the vehicle you are driving. So if you are found using your car without a device, guess what: you’re going to lose your car. Not to mention that you’re going to jail, which won’t be pleasant and is a separate class A misdemeanor. Moreover, it’ll probably mess up your DUI case that’s most likely pending, which is something you want to avoid at all costs as well.

Can Someone Simply Opt Not To Drive For The Entire Period Of A Suspension?

Absolutely. You don’t have to drive; no one’s making you drive. If you don’t want to drive, that’s up to you, and people do that. They’ll say, “You know what? I am just not going to drive. I don’t want to spend the $660, plus $200 here and $200 there. Screw it. I don’t need it. I don’t have $1,000 to give them.”

Do The Ignition Interlock Devices Help The Offenders?

The question is: how many people can afford not to drive? Who doesn’t have to get to work, who doesn’t have to get groceries, who doesn’t have to pick up their kids? You need to drive, so that 30-day downtime rule after an arrest was absolutely killer, especially if you drove for a living. So if you have a CDL, they’re not going to get you an ignition interlock device, which presents a whole another problem.

For example, say you worked for United Parcel Service and received a DUI. The DMV contacts your employer and says, “Listen, your employee should have an ignition interlock device in his vehicle; but since you operate a fleet of them, we don’t expect you to put a mobile device in each vehicle, and you can’t transfer them from one vehicle to the other.” However, UPS may respond with, “No, we’re cool with this guy; he can drive our company vehicle without the device.” This is called an opt-out, which is fairly extraordinary since when you tell most employers that you got a DUI, they’re going to say, “Guess what, you’re not our employee anymore.”

However, if you’re working for a two-person plumbing company and your boss is the guy you went drinking with when you got busted, he may be okay with an opt-out. But the rest of the time when you’re not working, you’ll have to have the device in your personal car if you want to drive afterhours. But yes, these devices are a great help to offenders because, otherwise, who can afford not to drive for six months to a year?

When Talking About Penalties For Violations, Is It Just A Slap On The Wrist Or Can You Also Face Further Criminal Penalties?

It’s not a criminal violation to blow a 0.02% when you’re trying to move a car the next morning after a night of drinking. If the car is not going to start, you haven’t violated because you haven’t really driven anywhere; but if you drive somewhere, you’re dead. You’re not supposed to drive without the device in your car and you’re blowing over 0.0.

For People Who Are On Certain Restrictions Where There Is No Alcohol Involved, Do Those People Have To Have An Ignition Interlock Device Installed In Their Vehicles?

The only time they have to have the ignition interlock device is if that directive comes from the Secretary of State from a DUI. There have been actual cases where the judges say, “Well, it’s not coming from the Secretary of State, but we’re going to make having an ignition interlock device installed in your vehicle a condition of your probation.” The problem is: you can’t go down to Best Buy and pick up one. It needs to come from the Secretary of State, not from a private company.

If you are Not Sure If The Ignition Interlock Device Is Mandatory To Install And Use, call Barry Boches & Associates Attorney At Law for a FREE Initial Consultation at (847) 244-4636 and get the information and legal answers you’re seeking.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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