Ignition Interlock Devices
An alcohol analyzing drive-lock system used in some DWI cases.
One of the more common penalties for DWI convictions – as well as their deferment programs – is the application of an ignition interlock device (IID). These devices require the driver to prove that he or she is not intoxicated, typically via a breath test. There is also a cost associated with installing and maintaining the device.
In the following article, we’ll go over the merits of accepting an ignition interlock device, the costs, and the possible downsides.
DWI Lawyer in Apple Valley, Minnesota
DWI convictions can be extremely disruptive. Jail time aside, DWIs can result in driver’s license suspensions and suspensions. However, the state does provide an alternative to losing your driver’s license: the Ignition Interlock Device program.
Knowing when to utilize the program, and evaluate its true cost, is the job of a skilled DWI attorney. Speak with an attorney at James Blumberg Law today to evaluate your situation and help you apply for Minnesota’s IID program.
Call today at (952) 431-7758 to set up a free consultation.
Information Center
- Ignition Interlock Devices (IID)
- Options for Reinstatement
- How Long You’ll Have to Use an IID
- How Much an IID Costs
- Tampering with an Ignition Interlock Device
- Additional Resources
- Hire an Experienced DWI Defense Attorney in Apple Valley, Minnesota
Ignition Interlock Devices (IID)
The IID program is not an automatic part of a DWI plea or conviction. It is a program offered by the state of Minnesota to enable drivers to continue to operate their vehicles in a safe and responsible manner. The program acknowledges the poor judgment demonstrated by driving while intoxicated but also provides a way for drivers to continue their daily lives with minimal disruption.
Eligible parties for the IID program include:
- Repeat Offenders: Individuals who have multiple DWI (Driving While Impaired) offenses are required to participate in the IID program.
- High BAC First-time Offenders: First-time offenders with a blood alcohol concentration (BAC) of 0.16 or higher at the time of arrest are also mandated to enroll in the program.
- Refusal to Submit to Chemical Testing: Drivers who refuse to submit to a chemical test (breath, blood, or urine) when suspected of DWI are eligible for the IID program.
- Underage Offenders: Individuals under 21 years old who are convicted of DWI may be required to participate in the program.
In many cases, the defendant will be presented with a choice: use an IID or suspend driving for anywhere from 6 to 12 months.
Approved IID Companies
The state of Minnesota has approved 6 companies to install and implement its IID program. These companies are:
Alcohol Countermeasure Systems
https://acs-corp.com/
Ph: (877) 888-7250
Intoxalock
www.intoxalock.com
Ph: (833) 210-8428
LifeSafer Interlock, Inc.
www.lifesafer.com
Ph: (800) 745-0331
LowCost Interlock
www.lowcostinterlock.com
Ph: (800) 352-4872
Roadguard Interlock
www.roadguardinterlock.com/nationwide-interlock/
Ph: (866) 694-6099
Smart Start MN
www.smartstartmn.com
Ph: (952) 224-7050
Ph: (866) 966-5245
Options for Reinstatement
The following information is from the Minnesota Department of Public Safety. The table provides an overview of the options available for each level of DUI.
First Alcohol Offense
For alcohol concentrations under 0.16 (or test refusal)
Option 1 |
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Option 2 |
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Option 3 |
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Alcohol concentration level of 0.16 or greater
Option 1 |
|
Option 2 |
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Second Alcohol Offense in 10 Years/Third on Record
Option 1 |
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Option 2 |
|
Third Alcohol Offense in 10 Years/Four or More on Record
Ignition interlock required.
Criminal Vehicular Operation (CVO) Conviction involving alcohol (non-fatal)
Ignition Interlock required.
How Long You’ll Have to Use an IID
First Implied Consent/DWI |
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Second Implied Consent/DWI in 10 Years or Third on Record |
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Third Implied Consent/DWI in 10 Years or Fourth on Record |
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Fourth Implied Consent/DWI in 10 Years |
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Fifth or Subsequent Implied Consent/DWI |
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CVO – Bodily Harm |
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CVO – Substantial Bodily Harm |
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CVO – Great Bodily Harm |
|
Cost
The cost of the IID program is a little misleading. Users are charged by the day (over a month), as well as for installation and monitoring. In addition, you will be required to pay the $680 license reinstatement fee associated with the IID program.
Installation
Installing an IID can run from $70 to $150.
Monthly Fee
Every month of the program, the company that installs your IID will charge between $60 and $90, depending on how much you use the device.
Other Fees
In addition, you may run into supplementary fees such as:
- Lock-out fees: If you fail the breathalyzer test multiple times in a row or attempt to tamper with the device, you will be locked out. Many companies charge a fee for resolving the lockout. IntoxaLock is one such provider and charges $75 to unlock your device.
- Switch Fees: Depending on the severity of your DWI, you may be required to use the device for years. In that case, you’ll need to switch from one car to another. Some companies may not charge a fee, and others will charge as high as the installation fee.
Tampering with an Ignition Interlock Device
It is illegal to tamper with an installed ignition interlock device.
Tampering, along with other violations of the program, may result in the following sanctions:
1st Offense | 180 days added to the length of the program |
2nd Offense | 1 year added to the length of the program |
3rd and subsequent offenses | 545 days added to the length of the program |
The following are examples of tampering, circumventing or bypassing the device:
- Having anyone other than an authorized service center remove the device
- After failing a breath test, having another person provide a passing breath test
- Moving, adjusting or blocking the camera from a direct and unobstructed view of the driver’s seat so that the face of the person providing the breath test is not visible
- Standing outside of the vehicle to take the breath test in order to avoid the camera
- Push starting the vehicle
- Disconnecting or cutting any wires which would interfere with the normal operation of the ignition interlock device
- Removing tamper-proof seals
Administrative Reviews
You have the right to appeal a decision by the Department of Driver and Vehicle Services via an administrative review. During the review, the DVS will review your driving record and an explanation of the incident you are appealing. You may need to complete an administrative review if another person blows into the IID without your knowledge, or the device fails in some way. You will be considered responsible until you complete a review.
Additional Resources
IID Program Overview – Read the full 16-page document provided by the Minnesota DPS/DVS regarding the state’s IID program. The document includes additional information on qualifying, completing and understanding the state’s IID program.
DWI Offenses – Read more about DWI offenses, including the full cost of a DWI, penalties, and driver’s license suspensions.
Hire an Experienced DWI Defense Attorney in Apple Valley, Minnesota
As a former Assistant Dakota County Attorney, James Blumberg is familiar with how prosecutors build their cases and knows the pitfalls of drunk driving prosecution.
James Blumberg fights DWI charges in the Minneapolis-St. Paul area, including Dakota County, Scott County, Sibley County, Rice County, Olmsted County, Dodge County, and Carver County.
Call (952) 431-7758 to set up a free consultation.