The Traffic Attorney | Ignition Interlock System

When someone is given a traffic ticket, there are several main concerns for both the driver and the traffic ticket attorney. Obviously, there is the traffic offense to be decided either at the courthouse (if it is a “must appear” ticket) or by the driver simply paying the ticket. However, there is also the concern about what is going to happen to the person’s driving record and driver’s license.

One of the main consequences of a DUI citation or conviction is that the driver will lose his or her license. In other words, the driver’s license will be suspended for an extended period of time. In many jurisdictions, after receiving a DUI citation, the driver has the option of asking for an ignition interlock system to be placed in his or her vehicle instead of receiving a license suspension. The ignition interlock is installed and connected to the car’s ignition system. The driver is required to blow into the machine and receive a blood alcohol content (BAC) reading of 0.00 before the car will start. Additionally, if any alcohol is detected on the driver’s breath, that reading will be forwarded to either the probation officer in charge of the driver’s case or the appropriate state agency. The ignition interlock is a great alternative to license suspension, especially for those who need a car to drive to work or school.

Here is the problem. The rules for allowance of the ignition interlock are not always specific enough to allow the state agency or administrative law judge to consistently apply them. So with different ALJ’s or differing localities within the same jurisdiction, there are inconsistent results. It makes it very difficult for a DUI attorney to properly advise his or her client, and makes it nearly impossible for a driver without a DUI attorney to have any idea whether the request for ignition interlock will be granted. And that’s just for a first offense DUI where the driver allowed his or her BAC to be tested. A DUI refusal to blow or a second offense DUI is even more difficult to predict.

In theory, the ignition interlock is a great technology. However the rules and regulations as a whole must be tightened up so that they can be uniformly applied.