What is an Ignition Interlock Device?
After a person is convicted of operating a vehicle while intoxicated (OWI) in Indiana, they may be required to install an ignition interlock device in their vehicle in order to be permitted to operate the vehicle — either as a result of special driving privileges or after the jail portion of a sentence has been served. Under Chapter 5 of the Indiana Code, there are various laws pertaining to ignition interlock devices. Our Indianapolis OWI defense lawyers can tell you more about these devices, whether you should anticipate being required to use one in your vehicle, and other related legal issues pertaining to ignition interlock devices.
Understanding Ignition Interlock Devices
What is an ignition interlock device? In short, it is a breathalyzer-like device that requires a person to show that they have not been drinking alcohol in order to start their motor vehicle. The Indiana State Department of Toxicology has a list of approved ignition interlock device models that are certified for use in Indiana, and these must be installed by a third party at the expense of the motorist.
How do they work? In general, you should expect the device to be relatively small, and when you get into your car, you will need to blow into the device so that it can register your blood alcohol concentration. If you have been drinking, the car will not start. You will often have to retest during an ongoing drive, as well. If you subsequently have alcohol in your system, then the car will stop (with sufficient time for you to pull over to the side of the road).
Who Must Install an Ignition Interlock Device?
Under Chapter 5 of the Indiana Code, a person convicted of an OWI can be required to install an ignition interlock device as part of a sentence (particularly if this is a second or subsequent offense), or if they are granted specialized driving privileges.
Some motorists convicted of OWIs are ineligible to have ignition interlock devices installed, which can affect their ability to be eligible for specialized driving privileges.
Ignition Interlock Violations
You might be thinking that it could be possible to “trick” the ignition interlock device or to deceive the device in some way so that you can drive even if you have had drinks with dinner, for example, or before getting into your car to drive home after work. You should be aware that most ignition interlock devices have methods for identifying these kinds of “tricks” and will not permit your vehicle to start, even if you take steps like using mouthwash or blowing air from another source into the device.
It is also essential to know that there are serious consequences for tampering with an ignition interlock device, or having another person blow into the ignition interlock device in order to get your vehicle started for you if you have been drinking.
Contact an Indianapolis OWI Defense Attorney Today
Anyone who is facing OWI charges, or allegations of tampering with an ignition interlock device, should seek legal help as soon as possible. One of the experienced Indianapolis OWI defense attorneys at Rigney Law LLC can talk with you today about building a defense against the charges you are facing.
Sources:
statecodesfiles.justia.com/indiana/2016/title-9/article-30/chapter-5/chapter-5.pdf
in.gov/isdt/certified-device-models/
