Ignition Interlock Device
Ignition Interlock Device Required By Annie’s Law
An ignition interlock is a system that tests for alcohol on a driver’s breath. It is a device that requires a vehicle operator to blow into a small handheld alcohol sensor. The unit that is attached to a vehicle’s dashboard. The car cannot be started if a BAC is above a preset level (usually .02 to .04 BAC).
Alcohol safety interlocks that meet the standards issued by NHTSA (see the See NHTSA Conforming Products List and Technical Information Regarding Alcohol and Drug Law Enforcement Technology). They not only require a test to start the engine, but also require a test every few minutes while driving. Called the “rolling or running retest,” it prevents a friend from starting the car and then allowing an impaired driver from taking over the wheel (NHTSA guidelines call for only one subsequent test and the Alberta, Canada standard calls for multiple running retests).
False Reading Are Not A Rarity
With modern safeguards, alcohol safety interlocks are extremely difficult to circumvent when properly installed and monitored every 30 to 60 days. Anything over a .02 won’t allow the car to start and will notify the court system, and that’s the problem. It is very easy to get a false reading on these machines!
Eating bread or other yeasty foods like pastries and pizza can also set it off, not to mention energy drinks, cough syrup and mouthwash. If this happens your license suspension could be doubled or extended. What is worse is that the new law gives no guarantee of an appeal. If the judge thinks you violated the terms of your privileges, you are guilty. And we all know that in modern DUI law, judges often think these machines are infallible.
So What Can You Do?
Rinse your mouth out and wait 15 to 20 minutes before you blow into one of these machines. If you have access to your own portable device take a video of yourself blowing into YOUR device shortly after a recorded failure. Cheap devices that record breath alcohol are available at Best Buy. Unfortunately, the burden will be on you to prove your innocence and not on the ignition interlock device.
Contact DUI lawyer Charles M. Rowland at (937) 318-1384 if you have questions about the ignition interlock device. DaytonDUI is at the forefront in addressing the implementation of Annie’s Law and obtaining your driving privileges.
