New Year, New DUI Laws

As Rhode Islanders welcome the New Year, police and attorneys are welcoming notable changes to Rhode Island’s DUI laws. The new law, which took effect on January 1, 2015, allows judges to prohibit those found guilty of driving under the influence from operating their vehicles without an ignition interlock system.

The Rhode Island DUI lawyers at Abilheira Law wrote today’s blog to explain the new challenges and benefits posed by this law.

What is an Ignition Interlock System?

Much like a breathalyzer, an ignition interlock system requires a driver to blow into a device which is wired to the vehicle’s ignition. If the system detects alcohol on the operator’s breath, the vehicle will not start.

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 if one is charged with the following offenses:

• 1st Offense DUI (.08- .1 BAC)
• 1st Offense DUI (.1-.15 BAC or BAC unknown)
• 1st Offense Refusal

An ignition interlock system is mandatory if one is charged with the following offenses:

• 1st Offense DUI (.15 BAC or higher)
• 2nd Offense DUI
• 3rd Offense DUI
• 2nd Offense Refusal
• 3rd Offense Refusal

Benefits of an Ignition Interlock System

While an ignition interlock system may look like just another hurdle to some, others may actually benefit from its installation by securing a reduced license suspension and/or a hardship license.

In any DUI or Refusal case, the judge may reduce the mandatory license suspension with the imposition of an ignition interlock system. The specifics are listed below:

• 1st Offense DUI: 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.
• 1st Offense Refusal: 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.
• 2nd Offense DUI: 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.
• 2nd Offense Refusal: 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.
• 3rd Offense DUI: 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.
• 3rd Offense Refusal: 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.

Please note, a reduced license suspension is discretionary.  It is essential that you hire an experienced Rhode Island DUI lawyer who can negotiate with the prosecutor and judge for a reduced license suspension.

In addition, with the installation of an ignition interlock system, some motorists may be eligible for a hardship license.

Requirements for an Ignition Interlock System

Once the ignition interlock system is installed, the new law requires drivers to address three court requirements:

1. Proof of installation and periodic reporting required for purpose of verification of proper operation
2. 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.
3. The defendant must pay reasonable cost of leasing or buying, monitoring, and maintenance of the system

Please note, 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 the status of my driver’s license change because of an ignition interlock device?

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 or hard copy of your new restricted driver’s license will be mailed to your home.

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.

Crimes associated with an ignition interlock device

A person found to be tampering with, circumventing, or otherwise misusing an ignition interlock system will be charged with a misdemeanor, and on conviction will be subject to a fine up to one thousand dollars ($1,000), or one year imprisonment, or both.

If you are charged with any of these crimes, contact the experienced Rhode Island Criminal Defense lawyers at Abilheira Law.