If you are found driving under the influence in Boise, Idaho, you may face different penalties. The actual penalties depend on whether this is your first, second, third, or subsequent offense. They also depend on whether your blood alcohol concentration (BAC) was below, at, or above 0.20.
Typical penalties in a DUI conviction include mandatory jail time or prison sentences, fines, license suspension as well as mandatory interlock device installation. It is this final penalty that many drivers tend to overlook.
Having an Ignition Interlock Device (IID) installed in your vehicle has a direct bearing on your experience. This is why it is important to understand how one works and when penalties you may face if you violate the terms of your IID usage.
What is an Ignition Interlock Device?
An IID is a device that is directly connected to the ignition system of a vehicle. The installation of an interlock device is usually mandated by a court after a DUI conviction. The period for which you must have this device installed in your vehicle is also mandated by the court.
The IID works by requiring you to provide a breath sample before you can turn on your vehicle. If the alcohol concentration in the breath sample is below the stipulated limit, the IID then turns the vehicle on. If the alcohol concentration is above the limit, the IID prevents the vehicle from getting started.
In addition to this primary breath test, an IID may also require you to provide more breath samples while you are driving. These are known as rolling retests.
The results of the breath samples analyzed by an IID are typically logged. These days, they are transmitted directly to the manufacturer and become a part of their records. These results can later be presented in a court of law.
What Are Common IID Violations?
An interlock device violation can take different forms. These violations pertain specifically to your use of an IID. Common interlock device violations include:
- Failure to install an IID in your vehicle after a court has mandated it
- Failing a startup test
- Failing or ignoring a rolling retest required during driving
- Tampering with the device so that it no longer works as it should
- Getting another person to take the breath test
- Operating a vehicle without an IID
- Missing a routine service visit
- Failing to pay the monthly service fees for the device
Penalties for IID Violation
The actual terms of your IID use vary from case to case. A judge may detail specific terms that govern how you should use an IID for your vehicle. The penalties for violating an IID also depend on what were the original terms of use in the first place.
That being said, you can expect a general regime of penalties if you are found in violation of IID use. These penalties include:
- Suspension of Restricted license. You will likely be driving your vehicle on a restricted license for a period after a DUI conviction. If you fail to abide by the IID rules, your restricted license may be canceled so that you are no longer allowed to drive anywhere in the state.
- Increase in IID Usage Period. In response to a violation, a court may further extend the time period for which you are required to have an IID installed in your vehicle.
- Fines. Depending on the nature and severity of your violation, a judge may fine you.
- Full suspension. This means a period of full license suspension during which you no longer have any driving privileges.
In nearly all cases, if an interlock device violation is proven, you can expect this to have a direct bearing on your driving privileges. It is important to note that if you fail a rolling retest during driving, an IID may start flashing lights and honking horns. The IID does not automatically stop your vehicle but it creates enough noise to make you stop it.
Hiring a Felony DUI Attorney in Boise, ID
If you have been charged with felony DUI in Boise, ID, you need to hire an experienced attorney at the earliest. A good attorney will have you put up an effective defense and seek minimum penalties. Here at Aaron Hooper, Attorney at Law, we work with you through a felony DUI conviction. Our lawyers can also help you if you have been found to be in violation of your IID usage terms. Contact us today to discuss your case in a free consultation.