Many different penalties exist for drivers who have been convicted of driving under the influence of alcohol/drugs or driving while intoxicated. Some states choose to use different penalties, based on the circumstances, and others have specific penalties that are used for specific offenses, such as monetary fines based on first offense, second offense, and so on. However, many states are now requiring the addition of an ignition interlock device (IID) when the driver is allowed to reinstate his/her driver's license
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The majority of states do not allow driving-even restricted driving to/from work or school-for a predetermined time period following a DUI/DWI. This time period can range from a few months to several years, or even a lifetime in severe cases. It depends on your unique criminal background, any prior history of DUI/DWI convictions, and any aggravating factors. These can include speeding excessively, causing extensive injuries or fatalities, doing a lot of property damage, having an extremely elevated BAC (blood alcohol content), refusing to cooperate with sobriety tests, running from law enforcement, and similar behavior.
An ignition interlock device is a relatively new addition to the penalty lineup, and is not used in every state. If you are convicted of DUI/DWI in a state that uses an IID as a penalty, you will likely have to have one installed at your own expense, but this restriction is often preferable to having no driver's license or driving privileges at all. The machine works by requiring the driver to breathe into it at random points, to start the vehicle, and while the motor is running, at frequent intervals, to prevent someone else from offering the breath sample.
If you do not pass the test, an alarm will sound, such as your horn honking or a siren sounding, depending on the device. It will not turn off until you have turned the vehicle off, giving you time to pull over in a safe place. You just have to listen to the alarm sounding until you can safely get off of the road, and everyone around you can hear the same alarm.
Some people have attempted to circumvent the machine by removing it or tampering with it, but this can add time to a jail term, or cause you to have to serve a suspended sentence. You could also face additional fines and/or penalties for this type of behavior. It is better to cooperate with the punishment, and seek alternative methods of appeal through a lawyer if you believe that the punishment was not earned for whatever reason.
Machines like this have been added to the penalty phase of a DUI conviction in order to discourage repeat offenses. Many states use the IID as even a first offense penalty, and more states each year are seeing the effectiveness of the device and opt to add it to existing penalties via legislature, to reduce the number of alcohol-related accidents and deaths in the United States. If you have been arrested for DUI, it is critical to get help from an experienced lawyer right away to discuss the possible penalties in your case, and begin building an effective defense.
This information is provided solely for informational purposes and does not constitute legal advice.
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The majority of states do not allow driving-even restricted driving to/from work or school-for a predetermined time period following a DUI/DWI. This time period can range from a few months to several years, or even a lifetime in severe cases. It depends on your unique criminal background, any prior history of DUI/DWI convictions, and any aggravating factors. These can include speeding excessively, causing extensive injuries or fatalities, doing a lot of property damage, having an extremely elevated BAC (blood alcohol content), refusing to cooperate with sobriety tests, running from law enforcement, and similar behavior.
An ignition interlock device is a relatively new addition to the penalty lineup, and is not used in every state. If you are convicted of DUI/DWI in a state that uses an IID as a penalty, you will likely have to have one installed at your own expense, but this restriction is often preferable to having no driver's license or driving privileges at all. The machine works by requiring the driver to breathe into it at random points, to start the vehicle, and while the motor is running, at frequent intervals, to prevent someone else from offering the breath sample.
If you do not pass the test, an alarm will sound, such as your horn honking or a siren sounding, depending on the device. It will not turn off until you have turned the vehicle off, giving you time to pull over in a safe place. You just have to listen to the alarm sounding until you can safely get off of the road, and everyone around you can hear the same alarm.
Some people have attempted to circumvent the machine by removing it or tampering with it, but this can add time to a jail term, or cause you to have to serve a suspended sentence. You could also face additional fines and/or penalties for this type of behavior. It is better to cooperate with the punishment, and seek alternative methods of appeal through a lawyer if you believe that the punishment was not earned for whatever reason.
Machines like this have been added to the penalty phase of a DUI conviction in order to discourage repeat offenses. Many states use the IID as even a first offense penalty, and more states each year are seeing the effectiveness of the device and opt to add it to existing penalties via legislature, to reduce the number of alcohol-related accidents and deaths in the United States. If you have been arrested for DUI, it is critical to get help from an experienced lawyer right away to discuss the possible penalties in your case, and begin building an effective defense.
This information is provided solely for informational purposes and does not constitute legal advice.
William Bly of The Law Office of William T. Bly is a practicing attorney and spends a good part of his time on OUI-related issues, such as ignition interlock devices. For more information, visit the website for the Maine office location today.
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