Latest

Related Posts

What Are the Key Steps After an Impaired Driving Offense?

Many procedural steps occur in the weeks following an arrest. Often two different processes are going on at the same time, an administrative process and a criminal process. And often the client’s biggest trouble comes from the administrative process which often has to be dealt with first.

Separate the license action from the court file

Your driving privileges can be suspended before you even get to your first court date. This is typically an administrative action taken by the licensing authority and set on a completely different time frame than the proceedings of your criminal case. Frequently this is mishandled as if it were another aspect of your criminal case and driving privileges are lost that could have been saved.

Protect the hearing request window

Most states allow for a short period of time to request an administrative hearing or to contest the suspension of your license. This time frame is usually measured in days rather than weeks. Calendar the date of the suspension notice given to you at the stop or at the police station. Some agencies may only accept a written request via regular mail, others may accept by email. Be sure to verify in advance of the due date.

Selecting an approved provider and scheduling installation

Interlock vendors are typically certified by the states or provinces in which they operate, and it is typically required that a driver use an interlock from an approved vendor’s list of certified devices to comply with his restricted license provisions. Thus, for example, a driver subject to an Alexandria DUI restricted license would be unable to use the services of an interlock vendor across the state line in a nearby state, even if lower priced or perhaps more convenient to use than the approved vendor’s interlock. If you are ordered into the program locally, it is worth comparing certified installers of the Alexandria DUI ignition interlock device before you commit to a provider for the full restriction period.

Questions that genuinely differentiate vendors

  • How far is the nearest service center, and what are its calibration appointment lead times
  • Does the device transmit data automatically, or does it require a physical visit for every report
  • What is the lockout policy after a missed rolling retest, and how is an emergency unlock handled
  • Are camera images captured at every test, and how are disputed images reviewed
  • What happens to monthly charges if the vehicle is sold, repaired, or taken off the road

Preparing for the installation appointment

The installation of the device typically takes a few hours and requires a copy of your driver’s license, proof of ownership of your vehicle and either a notarized letter or completed form authorizing another person to drive your vehicle. Typically the court order or licensing authority’s notice will specify the length of time for which your license is restricted. Therefore, this documentation should be brought with you to the installation.

Mapping the compliance timeline

The driver’s obligations for the interlock program continue after the interlock is installed in the driver’s vehicle. The typical program phases for a DUI offender are outlined below and describe where most participants have trouble.

StagePrimary obligationRecords to retainCommon failure point
Pre-installationObtain restricted license and confirm vendor certificationOrder, suspension notice, approved vendor confirmationDriving before the restricted license is issued
InstallationDevice fitted and calibrated to the ordered settingsInstallation certificate filed with the licensing agencyCertificate never submitted to the agency
Early monitoringComply with rolling retests and reportingDevice logs, any incident explanationsFailed retests attributed to mouthwash or food
Service cycleAttend calibration appointments on scheduleService receipts and calibration recordsMissed appointment causing a permanent lockout
RemovalObtain written authorization before de-installationRemoval authorization and final compliance reportEarly removal extending the restriction period

Managing violations, lockouts, and extensions

All programs track the necessary information from interlock devices in a continuous manner. Log information within a short time frame to reflect what actually occurred at the time of the test. Most programs allow for a single misread near the end of a term, but a string of poor starts or one very poor reading and related failed retests at any time will result in an extension of the driving restriction period.

Responding to a disputed reading

One reading, Inconsistent reading, must be documented by the driver the same day as the reading. Generally retest after rinsing with water and waiting a few minutes. Record time and location of reading and call the service center prior to next scheduled appointment to report any inconsistent reading and view images of the mouth, GPS location and time of test, etc. That support your position.

Confirming requirements against official sources

Interlock requirements for length of time in service and eligibility for restricted driving as well as reporting requirements and removal of interlock can vary by state and even within a state by jurisdiction and even length of time of restriction. These laws change frequently and some jurisdictions even list rules for license holders from other states as well as commercial vehicle holders. Recommend that your attorney verify the most current information as well as certified interlock vendors for your jurisdiction with the licensing authority.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Popular Articles