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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          How Are Interlock Ignition Devices Used in DUI Cases?

          The Nieves Law Firm, APC

          Under Senate Bill 1046, people who get convicted of a DUI will have to install an ignition interlock device in their vehicle to get their full driving privileges back. The ignition interlock device is a breathalyzer and prevents the driver from starting the car if they are not sober.

          Interlock ignition devices may be a possible consequence if it is your first DUI offense, first refusal of a chemical blood or breath test, first offense of driving with a blood alcohol concentration of 0,08% or greater, or if you have been driving with suspended license violations due to DUI convictions. Interlock ignition devices will be a mandatory consequence if you have repeated DUI convictions and if you are charged with a DUI that caused injury. More specifically, first time DUI offenses involving injury require a 6-month interlock ignition device requirement. First time non-injury causing DUI offenses can either require a 6-month interlock ignition device requirement with driving privileges OR a 1-year restricted license and attending a treatment program. Second time DUI offenses require a 1-year interlock ignition device requirement. Third time DUI offenses require a 2-year interlock ignition device requirement. Four or more DUI offenses require a 3-year interlock ignition device requirement.

          So how does it work? It is a small device that connects to the ignition of a vehicle that measures a user’s breath alcohol concentration (BrAC). Drivers must periodically provide breath samples throughout each trip to verify the absence of alcohol. The device also tracks the driver’s activity to provide a record of any violations to the state’s monitoring department. You have 6 minutes to provide a sample, so if you do not feel safe providing one at the moment, then you may pull over to do so. If the driver does not pass, then the vehicle will register it as a “fail” on the driver’s log. However, if you feel that it is a false positive, then you will be given the opportunity to retry immediately.

          If you are facing DUI charges, then it is pertinent that you contact an attorney as soon as possible to discuss your options. A skilled attorney may be able to help you avoid fines, loss of your driver’s license, and jail time. We understand that these charges can arise from a simple mistake, lack of judgment, or even a complete misunderstanding. Contact The Nieves Law Firm today for a free consultation!

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