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What Happens if You Violate Your Ignition Interlock Device?

Posted by John Campanella | Jan 31, 2025 | 0 Comments

If you have been ordered to install an Ignition Interlock Device (IID) as part of a DUI (Driving Under the Influence) conviction, you must follow strict rules to avoid penalties. Violating the terms of your IID can result in fines, license suspension, extended IID requirements, or even jail time. This article explains what an IID is, common violations, legal consequences, and how to stay compliant.


Understanding the Ignition Interlock Device (IID)

What Is an IID?

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle to prevent a driver from operating the car if they have alcohol in their system. Courts often require IIDs for individuals convicted of DUI offenses to ensure sobriety while driving.

How It Works

  • The driver must blow into the device before starting the car.
  • If the device detects a blood alcohol concentration (BAC) above the legal limit, the vehicle won't start.
  • The device may require random retests while driving to ensure continued sobriety.
  • All test results, tampering attempts, and violations are recorded and reported to the authorities.

Who Needs an IID?

Most states require an IID for individuals with:

  • A DUI conviction (especially repeat offenders).
  • A high BAC level at the time of arrest.
  • A history of alcohol-related driving offenses.
  • A requirement as part of a restricted or probationary license.

Types of Violations

1. Failing a Breath Test

If you blow over the allowed BAC limit, the IID will record the failure and may even lock the vehicle temporarily. Multiple failed tests can lead to serious legal consequences.

2. Tampering with the Device

Attempting to disconnect, modify, or damage the IID is a major violation. Any sign of tampering is reported to authorities and could lead to additional fines or jail time.

3. Skipping a Calibration or Service Appointment

IIDs require regular maintenance and calibration. Missing an appointment can trigger a violation, leading to an extended IID period or a suspended license.

4. Attempting to Bypass the Device

Some individuals try to have someone else blow into the device to start the car. If caught, both the driver and the helper could face criminal charges.

5. Driving a Vehicle Without an IID

If a court has ordered an IID in your vehicle, you must not drive any car without one. If caught, you may face harsh legal penalties and a longer IID requirement.


Legal Consequences of Violating Your IID

First-Time Offense vs. Repeat Violations

  • First-time offenders may face a warning, fines, or an extension of their IID period.
  • Repeat violators could experience license suspension, increased fines, and even jail time.

Fines and Additional Penalties

Violating IID rules may result in state-imposed fines ranging from hundreds to thousands of dollars, depending on the severity of the violation.

License Suspension or Revocation

Serious violations can lead to immediate suspension or revocation of your driver's license. This could extend the period you must use the IID or restart your DUI penalties.

Possible Jail Time

Severe offenses, such as tampering or repeated violations, may result in jail time, especially for habitual offenders.


Case Studies: Real-Life Consequences

Case Study 1: A First-Time Offender's Mistake

John, a first-time DUI offender, accidentally failed a rolling retest after using mouthwash. Although he was sober, he didn't retest in time, resulting in a 30-day IID extension.

Case Study 2: Attempting to Cheat the System

Lisa asked her friend to blow into her IID so she could drive after drinking. The device recorded the event, leading to a $1,000 fine and an additional year with the IID.

Case Study 3: Multiple Violations Leading to Severe Penalties

Mike had multiple IID violations, including skipping service appointments and multiple failed tests. His license was revoked, and he was sentenced to three months in jail.


How to Handle an IID Violation

Steps to Take After a Violation Notice

  1. Review your violation report to understand what happened.
  2. Contact the IID provider for details.
  3. Follow legal obligations, such as attending court hearings.

Legal Defenses and Appeals

If you believe the violation was a mistake, you can challenge the report with:

  • Evidence of faulty device readings.
  • Proof that your BAC was below the limit.
  • Statements from witnesses who can verify your sobriety.

Working with an Attorney

Hiring a DUI attorney can help you:

  • Reduce or dismiss penalties.
  • Negotiate an IID extension instead of jail time.
  • Challenge inaccurate test results.

Preventing Future Violations

Proper Use of Your IID

  • Always rinse your mouth before using the device (some substances like mouthwash contain alcohol).
  • Blow properly according to the device instructions.
  • Don't ignore rolling retests while driving.

Understanding State Laws and Regulations

Each state has different IID laws. Stay informed about:

  • The BAC limit for your IID.
  • Required service appointment schedules.
  • The penalties for violations.

Staying Sober While Driving

The safest way to avoid violations is to never drink before driving. Even if you think you're under the legal limit, an IID can detect small amounts of alcohol and flag a violation.


The Role of Ignition Interlock Devices in DUI Prevention

How IIDs Help Reduce Drunk Driving

Studies show that IIDs help lower repeat DUI offenses by up to 70%. They serve as a deterrent and keep intoxicated drivers off the road.

Success Stories of Individuals Who Used an IID Effectively

Many drivers successfully complete their IID program and regain their full driving privileges. These success stories highlight how responsible use of an IID can help individuals move forward after a DUI conviction.


Frequently Asked Questions

What If I Accidentally Fail a Breath Test?

If you fail a test due to a non-alcoholic substance (e.g., mouthwash), you should immediately retest and document the incident to prevent a violation.

Can Someone Else Blow into My Device?

No. Allowing someone else to use your IID is illegal and can lead to criminal charges.

What Happens If I Sell My Car with an IID Installed?

You must inform your IID provider and transfer the device to your new vehicle if you're still required to use it.


Conclusion

An Ignition Interlock Device is a serious legal requirement, and violating it can lead to extended penalties, license suspension, or even jail time.

Staying Compliant and Avoiding Penalties

To avoid violations:

  • Follow all IID guidelines carefully.
  • Attend all service appointments.
  • Never attempt to cheat or bypass the device.

About the Author

John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I am active member of the National College of DUI Defense, a member of California DUI Lawyers Association, I am certified by the National Highway and Traffic Association for the administration of Field Sobriety Tests. I regularly attend DUI continuing education of the Bar, have tried over 35 Jury Trials, hundreds of pretrial motions and over 1000 DMV hearings all relating to DUI cases.

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