All Rochester driver’s convicted of Driving While Intoxicated or Driving With a Blood Alcohol Content of .08% or Greater who are allowed to continue driving using conditional licenses are required to have an ignition interlock device installed on every vehicle they drive.
This device checks the driver’s breath for alcohol.
A failed ignition interlock device test may result in the vehicle not starting or, if already in motion, shutting off.
A failed test will also be recorded by the device and reported to the entity responsible for monitoring it.
In most cases this will be the probation department, although the counties are allowed to appoint someone else to monitor the device, such as a law enforcement department, where a driver required to have the ignition interlock device installed is not on probation.
The party monitoring the device is required to submit a report to the court that sentenced the driver and the district attorney’s office if the driver has not complied with the monthly service visit requirement, the device appears to have been tampered with, any report of a lock-out mode (usually caused by back to back readings of alcohol on the driver’s breath), or a failed test where the recorded blood alcohol score was .05% or higher.
The monitoring agency may also recommend penalties for the failure, including an extension of the ignition interlock period, a requirement that the operator attend alcohol treatment, or that the matter be referred to the Department of Motor Vehicles to determine whether a conditional driver’s license should be suspended or revoked.
A hearing will normally be held before the court to determine what sanction, if any, will be imposed.
If you have been charged with DWI, it is important that you understand the potential penalties. Furthermore, if you have failed an ignition interlock device test, it’s important to seek the guidance of an experienced DWI lawyer.
For legal help, call us at (585) 484-7432.