Driving under the influence (DUI) charges can lead to a variety of significant penalties. The courts can sentence people to probation or jail time. Drivers may have to pay large fines. They may also lose their driver's licenses temporarily.
Even after they regain their licenses, they may not have the same freedom on the road that they did before. The courts sometimes order drivers to install ignition interlock devices (IIDs) in their vehicles following DUI arrests. These breath test devices can prevent people from starting their vehicles and maintain a record of any failed tests.
When does a driver potentially need to install an IID in their vehicles and perform chemical tests every time they need to drive?
First-time offenders
Generally speaking, first-time DUI offenders receive the most lenient sentences. There is no rule mandating IID installation for drivers who have no prior offense and do not have aggravating factors present in their case.
However, certain details about a DUI case can lead to the courts requiring an IID after a first DUI conviction. If a driver has a blood alcohol concentration (BAC) of 0.15% or higher, which is almost twice the legal limit, an IID might be mandatory after a first DUI conviction.
Similarly, the state can also require an IID if a motorist had children in their vehicle at the time of their arrest for a DUI offense. First-time offenders ordered to install an IID may have the device in their vehicles for at least six months.
Repeat offenders
Those who have had prior DUI convictions typically need to install IIDs in their vehicle after any subsequent conviction. The driver does not need to have minor passengers in the vehicle or particularly high BAC test results to be at risk of an IID requirement.
That being said, those aggravating factors can potentially increase the penalties that people face, including the length of time that they are subject to a driver's license suspension or an IID requirement. Those with three prior offenses may need to have an IID in their vehicle for at least five years, for example.
Motorists who understand the risks are in the best possible position to respond to pending DUI charges. Fighting back to avoid a conviction can help people preserve their driving privileges despite a recent DUI arrest.