What is an Ignition Interlock Device?
DUI Defense Attorney Serving all of Maine Including Portland, Bangor, Biddeford, Saco, and Augusta
There are a lot of penalties that can result from an OUI conviction. For many offenders, the worst effect of a conviction is the license suspension. Depending on the circumstances of their arrest and their criminal record, a person can face 150 days to 8 years of license suspension after an OUI or other driving offense. Habitual violators can even lose their licenses permanently.
One way that drivers can get their ability to drive back sooner than sentenced is to install an ignition interlock (IID) device. An IID is a small device that is installed into your vehicle, which will allow you to drive during a portion of your suspension period. It requires the driver to give a breath sample before starting the vehicle. The device checks the breath sample for the presence of alcohol before it allows the user to start the engine. In addition, the IID will likely make you provide a "rolling sample" while driving, which means you'll have to pull over and blow into the IID at least one time during your trip.
Maine Ignition Interlock Device Information
After they are sentenced to license suspension because of an OUI conviction, most people are eager to be able to drive again.
1st OUI - If you've been convicted of a first offense OUI, you will need to serve at least 30 days of your 150 day suspension and complete your DEEP requirements before the Secretary of State will reinstate your license with the installation of an IID in your vehicle(s). You will be required to keep the device installed in your car for the entire remaining suspension period.
2nd OUI - If you have been convicted of your second OUI in a ten year period, you will need to serve 9 months of license suspension and complete your DEEP requirements before the Secretary of State will reinstate your license with the installation of an IID in your vehicle(s). You will be required to keep the device installed in your car for 2 years after your license is reinstated.
3rd OUI – Of you have been convicted of 3 OUI offenses in a ten year period, you will need to have your license suspended for 3 years before you can install an IID and request license reinstatement. In addition, you must complete the DEEP program before you can get the IID installed on your car. You will have to drive with the device in your vehicle for 3 years before you can get it removed.
4th OUI – If you have been convicted for 4 or more OUIs in a ten year period, IID installation laws are a little different. Instead of getting your license back early, you will have to fulfill your entire license suspension period and then install an IID if you want to get your license reinstated. If you do not choose to install the ignition interlock device, your license suspension will continue indefinitely. You will then have to keep the device in your vehicle for 4 years before you can have your license reinstated without the IID condition.
Maine IID Laws
Once you have an ignition interlock device installed in your car, you will be required to use it before starting your car every time. Most devices also require you to re-submit a breath sample occasionally during your trip to make sure that you are not consuming alcohol while you drive or did not have someone else provide the initial sample. There are three rules that all drivers with IIDs must follow:
- Offender must only operate their vehicle which is installed with an IID device
- Offender must not tamper with or try to deactivate IID device
- Driver must provide a breath sample and not as another person to breath into the IID device for them
Non-offenders can face charges for assisting an IID driver in breaking any of these laws. According to Maine law, it is illegal for anyone who to:
- Lease, rent, sell or lend a vehicle that is not installed with an IID to a driver whose driving is restricted by an IID device requirement
- Tamper or attempt to remove an IID device from a vehicle
- Breathe into another driver's IID device in order to provide a breath sample in lieu of their own.
Penalties for driving without an IID in Maine
If you are arrested for tampering with an IID, asking another person to give a sample for you or for operating a car that does not have a device in it while you are still required to, you will face more license suspension. If you were stopped by police for driving under the influence or for making some other driving error, you will face charges for that crime as well as the penalty for an IID violation. The penalties are as follows:
Second OUI – 2 years of license suspension
Third OUI – 4 years of license suspension
Fourth or more OUI – 6 years of license suspension
Ignition Interlock Attorney
If you are interested requesting the Secretary of State to grant you early license reinstatement, call our office now. The Law Office of William T. Bly can help you get this done. In you have recently been arrested for OUI in Maine and are concerned about getting losing your license, you still have options. Contact us today,Contact us today, our experienced attorneys may be able to help you avoid license suspension completely.