FAQs About Interlock Ignition Devices
What Is The Interlock Ignition Device? Is It Mandatory After A DUI Conviction?
In a conviction, if the person does a time served situation, then an ignition is not required, but if he’s on probation, it’s the second time DWI, then absolutely.
If he’s had a prior DWI in the last 5 years, then absolutely. A lot of judges want this as a condition of bond and a lot of judges, despite what the minimum is for having an Intoxilyzer device, want it all there and it provides them with a lot more information.
Intoxilyzer devices have a camera associated with them. When you lean forward and blow into that device, it takes a picture of you too that is sent remotely to another location that shows the breath test results and they show it was you. Most judges like to have the Intoxilyzer on there.
How Long Does Someone Have To Keep An Intoxilyzer On Their Car?
It really depends on how fast your case proceeds. If it’s something that’s just bond related, then it’s for the lifetime of the bond. Once the case is disposed of in whatever manner, you can take it off.
If there is somebody in court that is on a bond with an Intoxilyzer device and the attorneys worked out a resolution to the case and he’s going to have to have probation where the device is kept, you’re simply switching out the forms at the bench in the courtroom. There is a form that says, take off the Intoxlyzer and then there is a form that says to put it on.
So, it can be up to a couple of years if everything was just at the maximum level. But generally looking at the probation period, you’re looking about 12 months.
What Happens When Someone Refuses The Breath Or Blood Test?
As a norm, their license is going to be suspended simply because the statue’s really calling for a blood alcohol concentration (BAC) at 0.08 or they refuse. The moment they refuse, that goes down as a failure and they’re going to seize your license.
If it’s a high-risk weekend, say 4 July or New Year’s Eve, then most law enforcement agencies will say, “Okay. If you refuse the breath test, we’re going to get a warrant, which is relatively easy to do because it’s done electronically, the judges carry an iPad around to sign it with an electronic signature and we’re going to take your blood, okay.” So you’re given a choice.
In some cases on particular weekends and holiday events, you really can’t refuse. They’ll just take your blood anyway.
If you need information about Interlock Ignition Devices, call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.
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