Ignition Interlcock After DUI Conviction | Charlotte DWI Lawyers
Ignition Interlock and DUI
Ignition interlock is required in certain conditions following a DUI arrest and subsequent conviction. More specifically, the North Carolina Department of Motor Vehicles (DMV) requires it if you refuse breath testing or your reported blood alcohol concentration (BAC) is 0.15 or greater. But don’t despair. First, you can challenge whether your “refusal” was “willful.” Or you can argue the breath testing machine was not working properly. However, these appeals are difficult to win and usually only delay the process. And even if you win here, you can still have to have interlock if you lose your criminal case. In the end, you must win both aspects of your DWI case to avoid interlock.
First, an ignition interlock device must be installed in every vehicle registered in your name. Then, there are monthly equipment leasing and monitoring charges. Fortunately, there is no drilling or damage to your car. Rather, the device installs and removes easily without problems. But, once installed, the vehicle will not start until a breath sample is given. Furthermore, the driver’s blood alcohol concentration must be below a preprogrammed level. Otherwise, the engine does not start. In addition, periodic retests occur while on the road that require additional breath samples.
Ignition interlock is frustrating and embarrassing for most clients. While installed, everyone who uses the car has to give a breath sample to start the engine. So what if you don’t own a car? Regardless, you still have to pay for the service and provide the required certificate to the court. Most importantly, any person on interlock restrictions cannot drive any vehicle without it. The only exception is a true emergency. Hence, many rental car companies now offer these systems for an added charge.
While on ignition interlock restrictions, violations can revoke the terms of your Limited Driving Privilege (LDP). Of course, you cannot drink and drive on interlock. That’s the whole point and will trigger a LDP violation. Furthermore, you cannot use another person to “beat the system.” If you do these things, the interlock provider issues a non-compliance report to the court. You do not want to be in this position. And while interlock technology has improved, they are still not fully reliable. Even certain mouthwashes such as Listerine can cause a false positive violation.
For violations, you have a LDP revocation hearing. While you can challenge or explain the violation, this is an uphill battle at best. Imagine all of the previous excuses or explanations given for “false positives” in prior cases. Consequently, judges believe the machine. As a result, anyone on interlock should resist going to bars. Being with people drinking may be too much. In the end, you don’t want to have to make excuses. If the interlock violation is upheld at the DMV hearing, you lose your Limited Driving Privilege. And no more chances are given. It’s just not worth the risk of losing. So be careful with the one you have.
Interlock Companies in Charlotte
Here is the good news. There are several ignition interlock companies in the Charlotte area. And with competition, prices have come down. In fact, most companies now offer free installation. For your convenience, we list a couple of providers here. While our firm does not endorse any company, we do encourage our clients to compare prices. Absolutely you should shop around prices and services before deciding which company to use. In the end, the certificate issued is the same no matter who you use.
One interlock option is Monitech. They advertise multiple locations and offer online scheduling. (800) 521-4246. Another interlock option is Smart Start. While they also have numerous locations and online scheduling, they also claim to be the “cheapest” in Charlotte. (844) 584-9212. Of course, there are other local providers online. However, we hope this information helps and saves you a few steps. All you have to do now is go get it. Hooray.