LEGAL EASE
by Shane Givens and Summer McWhorter

Sept. 5, 2012

What are ignition interlock devices?


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Drivers in Alabama may start to see some new devices on cars. No, it's not the newest gadget or toy. It's an ignition interlock device.

A new aspect to DUI law in Alabama comes into effect Sept. 1. Ignition interlock devices will be required for certain individuals convicted of DUI in Alabama. These individuals include first-time offenders with blood alcohol levels .15 percent or higher and all repeat DUI offenders.

This device is a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample. The operator blows into the device to start the vehicle and may be required to periodically blow into the device while the vehicle is running.

Under current state law, a person's driver's license is suspended when he or she is convicted of DUI. When that person applies for their driver's license to be reinstated, a special driver's license that shows he or she can only operate a vehicle with an interlock device will be issued.

Proof of installation of the device must be provided to the court or probation officer within 30 days. An interlock system must be installed on all vehicles driven by that person, including work vehicles.

A person who is considered indigent will pay one-half of the costs associated with installing and maintaining an interlock device. Any person convicted of a DUI who does not own a vehicle will still be required to pay $75 per month, which is the approximate cost of what a person would have to pay to an ignition interlock provider.

There are several rules that go along with having an ignition interlock system. A person can only operate a vehicle that is equipped with a functioning interlock device. No one else can blow into the interlock device or start the vehicle for them with the purpose of providing them with a working vehicle. If a person breaks these rules, they can be removed from the vehicle, taken into custody, and the car may be impounded by law enforcement.

The first offense is a Class A misdemeanor and six months can be added onto the time required for the device. On a second violation, there is a mandatory sentence of not less than 48 hours in the county jail and an additional 6 months added to the required time for the ignition interlock device. The third violation will require not less than five days to serve and the required time to use the interlock devise will be extended by a year.

If someone blows into an ignition interlock device for someone else, that person could be punished with up to six months imprisonment, or a fine of not more than $500, or both.

This could be an expensive, drawn out process for anyone affected. Remember that it is probably cheaper and easier to have a designated driver and avoid the interlock device all together.  

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.