Ordered to use an IIS? Get Help from Our Rhode Island DUI Attorneys
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Much like a breathalyzer, an ignition interlock system requires a driver to blow into a device wired to the vehicle’s ignition. If the system detects alcohol on the operator’s breath, the vehicle will not start.
Our Rhode Island ignition interlock system lawyers have the knowledge and experience to explain each and every legal option you have in your pending DUI and/or refusal case. Since ignition interlocks are mandatory in some situations, it is best to contact an experienced DUI lawyer to help you navigate this new law.
Questions about DUI or ignition interlock devices? Call us at (401) 245-5100 or read below.
Who Has to Get an Ignition Interlock System?
Whether or not a driver will be required to install an ignition interlock system on their vehicle depends on what they have been charged with.
An ignition interlock system is discretionary for the following offenses:
- First DUI Offense (.08- .1 BAC)
- First DUI Offense ( BAC of .1-.15 or unknown)
- First Chemical Test Refusal Offense
An ignition interlock system is mandatory for the following offenses:
- First DUI Offense with a BAC of .15 or above
- Second / Third DUI Offense
- Second / Third Chemical Test Refusal Offense
Benefits of an Ignition Interlock System
While an ignition interlock system seems like just another hurdle or penalty to some, others may actually benefit from its installation. When you have an ignition interlock device installed in your vehicle, your lawyer can pursue a reduced license suspension and / or a hardship license. In either a DUI or chemical test refusal case, the judge may decide to reduce the mandatory license suspension by imposing an ignition interlock system, allowing you to get your license back sooner.
The specifics are listed below:
- First DUI Offense: License suspension may be reduced to a minimum of 30 days with the installation of an interlock system for a period of 3 months to 1 year.
- First Refusal Offense: License suspension may be reduced to a minimum of 30 days with the installation of an interlock system for a period of 6 months to 2 years.
- Second DUI Offense: License suspension may be reduced to a minimum of 45 days with the installation of an interlock system for a period of 6 months to 2 years.
- Second Refusal Offense: License suspension may be reduced to a minimum of 60 days with the installation of an interlock system for a period of 1 to 4 years.
- Third DUI Offense: License suspension may be reduced to a minimum of 60 days with the installation of an interlock system for a period of 1 to 4 years.
- Third Refusal Offense: License suspension may be reduced to a minimum of 90 days with the installation of an interlock system for a period of 2 to 10 years.
Remember, a reduced license suspension is discretionary. It is essential that you hire an experienced Rhode Island DUI attorney who can negotiate with the prosecutor and judge for a reduced suspension.
Requirements for an Ignition Interlock System
Once the ignition interlock system is installed, the law requires drivers to meet these requirements:
- Proof of installation and periodic reporting required for verification of proper operation.
- The ignition interlock must be monitored for proper use and accuracy by a person, firm, corporation or other association approved by the RI DMV at least 1 time every 6 months.
- The defendant must pay cost of leasing or buying, monitoring, and maintenance of the system.
It is important to keep in mind that a driver will also be required to pay $100 to the Division of Motor Vehicles as a fee for having an ignition interlock device.
Will My Driver’s License Status Change?
While you will be entitled to drive, your driver’s license will be “restricted.” Once you are ordered to install an ignition interlock device, you must proceed to the DMV, where you will be required to turn in your driver’s license. You will then be issued a temporary license with a “U” designation for an ignition interlock restriction. A permanent copy of your new restricted driver’s license will be mailed to you.
At the end of the interlock period, you will have to see the DMV for removal of the “U” designation, so that you may return to an unrestricted license. At that time, the DMV will review your driving record and your compliance with the ignition interlock order to ensure that you demonstrated behavior that warrants the reinstatement of your license.
Offenses Associated with IIDs
A person found to be tampering with, circumventing, or otherwise misusing an ignition interlock system will be charged with a misdemeanor. This offense can bring up to $1,000 in fines and / or one year imprisonment. Whether you have been accused of tampering with an ignition interlock or want to find out if getting one installed is in your best interest, contact our experienced DUI attorneys at Abilheira Law, LLC.