Investigative Article
Driving under the influence (DUI) is a serious offense that can lead to severe legal consequences. In some cases, the penalties can be aggravated further if an ignition interlock device (IID) is required. In this investigative article, we will explore the legal implications of DUI with a required IID, the different aspects of ignitions interlock devices and their operation, the penalties for tampering with the device, descriptions and consequences of aggravated DUI charges, and how one can argue for legal defense with the help of an attorney.
When are You Required to Install an IID?
An IID is a device that is mandated by law to be installed in a vehicle to prevent individuals convicted of DUI from operating a vehicle if they have been drinking. IID is now mandatory in most states for repeat offenders and in some states for first-time offenders. If you are caught driving under the influence with a blood alcohol concentration (BAC) exceeding the legal limit, you will most likely face charges of DUI and be required to install an IID. However, the rules and regulations regarding when IIDs are required can vary from state to state and case to case.
How Does an Ignition Interlock Device Work?
An IID works by requiring the driver to take a breathalyzer test before starting the car. If alcohol is detected on the driver's breath, the car will not start. The device will also require periodic tests while the vehicle is in motion. This is done to ensure that the driver doesn't drink alcohol after the car is started. If the driver fails one of these random tests, the car's horn will sound until the driver turns off the ignition.
What are the Penalties for Tampering With an IID?
Tampering with an IID can lead to severe legal consequences. Some common forms of IID tampering include bribing someone to take the breathalyzer test for you or disconnecting the device altogether. If you are caught tampering with your IID, you could face additional criminal charges and fines. The penalties can vary, but they usually include an extension of the IID installation period, jail time, and fines.
What is an Aggravated DUI Charge?
An aggravated DUI charge is a severe DUI offense that carries harsher penalties than a standard DUI. An aggravated DUI charge can occur when the offender is caught driving drunk with a passenger under 16 years old, driving on a revoked license, injuring or killing someone in an accident while driving drunk, having a BAC above the legal limit, and convicted of DUI multiple times, among others. If you are found guilty of aggravated DUI, you could face prison time, a criminal record, hefty fines, and mandatory IID installation.
What are the Penalties For a DUI with an IID?
While DUI penalties can vary from state to state, a DUI with an IID can carry similar penalties to a regular DUI. The penalties can include fines, jail time, rehabilitation programs, license suspension, and the mandatory installation of an IID in all vehicles you operate. The installation period can last for several months to years depending on the state and severity of the offense. The rules regarding IID installation can be strict, and if you fail to comply, the offense can be escalated to a felony level, and the penalties can be harsher.
How Can an Attorney Argue For My Defense?
If you are charged with DUI with an IID, it's essential to have the representation of an experienced DUI attorney. An attorney can argue your case by examining the evidence, challenging the legality of the traffic stop, and questioning the calibration and accuracy of the breathalyzer test. In some cases, the attorney may be able to negotiate a reduced sentence or get the charges dropped altogether.
Conclusion
DUI with an IID can carry severe legal and personal consequences. It's important to understand the legal implications and penalties of this offense. If you are charged with DUI with an IID, it's crucial to have the representation of an experienced attorney who can provide legal defense. At Kolsrud Law Offices, we have years of experience defending individuals charged with DUI with an IID. Contact us today for a consultation and legal representation.
DUI with a Required Ignition Interlock Device: Aggravated DUI-Kolsrud Law Offices
