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.

The Traffic Attorney | Field Sobriety Tests Don't Make Sense

One of the things that really bothers me (as a traffic ticket attorney) about field sobriety tests is that they assume too many things. There are so many variables that are assumed to be fixed, all of which help the prosecutor prove that the driver is guilty of DUI.

Let me give you an example. The first assumption that field sobriety tests make are that all drunk people are uncoordinated. This is the cornerstone of field sobriety tests, and is why they were invented in the first place. They are meant to give the officer an idea of whether the driver is too drunk to safely operate a vehicle. The problem with this assumption is it’s not always true. There are plenty of drunk people out there that, for one reason or another, are not uncoordinated. Therefore, field sobriety tests are flawed to begin with.

But worse than the above is that field sobriety tests then assume the inverse of the first assumption. That is to say that the second assumption is that all uncoordinated people are drunk. This is absurd. What this assumption tells me is that the un-athletic kid in elementary school who was always picked last in kickball was, in fact, drunk. If you assume “uncoordinated” means “drunk,” then that kid got started at an early age. I’m using this ridiculous example to show how faulty field sobriety tests are.

Unfortunately, field sobriety tests are administered every day, and they are the basis of DUI arrests every day. Moreover, the testimony of the administering police officer is also used in court to prove that drivers are guilty of DUI every day. For this reason alone, it is a good idea to have a DUI attorney at your side to help defend against the ridiculousness that is the field sobriety tests.