The ignition interlock device requirement for multiple offenders is another good reason to hire a competent drunk driving / OUI / DUI attorney to fight your case if your case can be won. You owe it to yourself to at least have an attorney evaluate your chances with you. Contact us by e-mail or call 508-753-9999.

The Device Must be Installed if You Have One Prior DUI Offense

Melanie’s Law requires drivers with at least one prior offense who are convicted of a new drunk driving / OUI/ DUI offense to have an ignition interlock device installed in their vehicle. This is a breath testing device mounted in your vehicle and attached to the ignition system. It prevents the vehicle from being started if you blow into the device and register a BAC (blood alcohol content) of .02 or above. While you are driving, random breath tests (called rolling re-tests) are also given.

You Pay the Entire Cost of the Ignition Interlock Requirement

The driver pays the entire cost of the ignition interlock device. There is an installation charge and monthly maintenance charges. You will also be required to bring your vehicle to the service provider every 25-30 days to download the data from the device.

The ignition interlock device will be required during the entire period of any hardship license and for an additional two years after full license reinstatement. There is no ignition interlock device available for motorcycle licenses or commercial motor vehicle (CMV) licenses, with the result that no hardship licenses or reinstatements of these licenses will be allowed during the ignition interlock device period.

Consequences of Violating Ignition Interlock Device Laws

Violations of the ignition interlock device laws include operating a motor vehicle without the device, asking or allowing someone else to blow into the device for you, attempting to tamper with, disconnect or circumvent the ignition interlock device requirement, a failed rolling re-test with a BAC of .05 or above, two failed rolling re-tests within one service period with a BAC of between .02 and .05.

Ignition interlock device violations are treated very harshly by the Registry of Motor Vehicles (RMV). Sanctions include the imposition of an additional 10-year license loss and the denial of any hardship license for any suspension periods.

Massachusetts DUI Lawyer

There are four new crimes related to the ignition interlock device:

1. Driving without an ignition interlock device when one is required. (Felony). Period of incarceration for 6 months to 2 ½ years in the House of Correction or 2 ½ to 5 years in state prison. 150 day mandatory sentence. A fine of $1,000-$15,000.

2. Tampering with an ignition interlock device. (Felony). Period of incarceration for 6 months to 2 ½ years in the House of Correction or three to five years in state prison.

3. Breathing into an ignition interlock device for a restricted person. Period of incarceration for 6 months to 2 ½ years in the House of Correction. A fine of $1,000-$5,000.

4. Knowingly permitting a person who has an interlock restricted license to operate a motor vehicle without a device. (Misdemeanor). Period of incarceration for 1 year in the House of Correction. A fine of up to $500. RMV may suspend license or registration or both for not more than 1 year.

The ignition interlock device is a burdensome and costly penalty for a drunk driving, OUI, DUI conviction or plea. These devices are not fool proof and can yield false positive readings. They can be a real burden and expose you to further penalties and problems. This is another incentive to hire a competent drunk driving / OUI / DUI attorney to fight your case, whether you are facing a first offense or a multiple offense. If you win your case, you will avoid the ignition interlock device.