Navigating the Rules and Regulations for Interlock Devices

Drivers who are reinstated with two or more OUIs are required to install an ignition interlock device in their vehicle and must follow many rules. Violating the rules and regulations can lead to serious legal complications, including losing the legal right to drive – again. 

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Ignition Interlock Devices: The rules

As a driver, you are responsible for:

  • Installation of the IID in any vehicle you drive, own, or lease
  • Maintenance on the device every 25 – 30 days, along with data uploads
  • You are responsible for using the device properly and never attempt to circumvent the IID by tampering or other action.
  • You are responsible for the payment for leasing the device, and all maintenance fees.
  • When you arrive for monthly maintenance, you must pay $30 per month to the RMV, collected by the IID vendor.

Interlock violations

You can face serious repercussions if you are accused of a violation. The IID program violations include:

  • Driving a vehicle without an IID.
  • A failed rolling re-test, with BAC registering .05 or higher.
  • Two failed rolling re-tests with BAC registering at .02 to .05.
  • Asking another person to blow into the IID to start the vehicle or during a rolling re-test.
  • Attempting any alteration of the process of blowing into the device as required.
  • Attempting to tamper with an IID or attempting to circumvent its function by any means.
  • Two vehicle lockouts due to missed rolling re-tests.
  • Two vehicle lockouts due to failed start-up tests
  • Two missed visits to your IID provider over the term of your required IID use.
  • Two lockouts during the term of your requirement to use an IID to drive.
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What happens in an interlock violation?

If you violate the rules regarding driving with an interlock device, the RMV will be notified and they will schedule an Ignition Interlock Violation Hearing. The consequences are serious, as you may once again lose your right to drive, and in some cases, for a lifetime. The IID unit may have failed, as these are manufactured and prone to fail like any other device. If you have been wrongly locked out, or your IID does not function as it should, your provider must be contacted immediately. At Gilman Law, we provide the support you need to avoid having your license suspended again due to being accused of an interlock violation. Having handled hundreds of ignition interlock violations, the team at Gilman Law will put you in the best position to be successful.

Why choose Gilman Law?

Attorneys are not all equal in skills, confidence, and experience. Matthew Gilman brings a rare level of experience to any licensing issue related to an interlock violation – he formerly served as an RMV Hearing Officer. He understands how the system works and what to do when his clients are locked out, or a violation requires an appearance in front of a Hearing Officer.

Gilman Law is one of the largest driver’s license suspension law firms in Massachusetts and charges a flat fee for many services, with payment plans available. Your attorney will get to work on your case right away, often the same day. You don’t want to wait for the problem to be resolved. No one can afford to be locked out of a vehicle or threatened with a license suspension. The firm does all the administrative work with the RMV and knows what it takes to get a client back behind the wheel after an interlock violation – legally and efficiently. Gilman Law is known as the expert in the field of driver’s license reinstatement. 

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Accused of an interlock violation?

You need an attorney who gets results if you have been accused of an IID violation. At Gilman Law, we are honored to be known as one of the premier law firms for OUI, DUI, and all RMV problems, including interlock violations. We act fast, we understand the process, and we get results. Call us today for a free case evaluation.

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How much does an ignition interlock device cost? 

The cost of installing and maintaining an ignition interlock device, for individuals with a second or subsequent DUI offense, includes an installation fee of approximately $125. Additionally, there is a monthly maintenance fee of at least $85, making the total cost for a two-year period amount to at least$2,290. It's essential to note that violations related to the interlock device can lead to severe consequences such as losing driving privileges for 10 years or even for life.

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How does the ignition interlock device work?

The ignition interlock device (IID) is a handheld device designed to prevent individuals who have been convicted of driving under the influence (DUI) from starting and operating their vehicles within certain alcohol thresholds. Here's how the IID works: 

  1. Starting the vehicle: When you turn on the ignition, the IID will display instructions indicating that you need to take an initial breath test. This test is performed by blowing into the IID for a few seconds. If you pass the initial breath test (meaning your blood alcohol concentration is below the predetermined limit, typically .02), the IID will display "pass" and allow your vehicle to start. However, if you fail the test, the IID will display "fail" and prevent your vehicle's ignition from starting. 
  2. Re-testing while driving: After the vehicle has started, the IID requires periodic re-tests called rolling re-tests while you are operating the vehicle and are conducted at random intervals. When it is time for a rolling re-test, the IID will emit a beep, operators have five minutes to take the test. In most cases, you can take the rolling re-test while driving. Failing to take the rolling re-test or turning off the ignition before taking the test will be considered a missed test. 
  3. Recordkeeping and maintenance: The IID keeps a record of all your test results and vehicle activity. Within 30 days, you will need to visit the vendor for a monthly maintenance visit, which is scheduled by the vendor. During this visit, the vendor uploads the data and transmits it to the Registry of Motor Vehicles. If the IID goes into a lockout state due to repeated breath test failures, missed tests or other issues, you will have 48 hours to return to the vendor. Failure to do so will result in your vehicle remaining in a lockout state, requiring it to be towed to the vendor at your expenses. 

If your device goes into lockout you have 30-days to contest the lockout and violation through a Registry of Motor Vehicles hearing.

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