Consequences of Ignition Interlock Violations for Massachusetts Drivers

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer connected to a vehicle’s ignition system. You may be familiar with this device if you have been convicted of OUI (operating under the influence) in Massachusetts. When your car has an IID installed, you must blow into the device before starting the vehicle. If your blood alcohol concentration (BAC) is above the specified limit (.02% in Massachusetts), your car will not start.

Rolling retests are required periodically to ensure you are not drinking after starting the vehicle. The ignition interlock device logs all activity, including failed breath tests, missed retests, and any attempts to remove or tamper with the device. IID logs are shared with the Registry of Motor Vehicles (RMV), and violations are taken seriously.

When Is IID Installation Required in Massachusetts?

The Massachusetts Ignition Interlock Device Program was established under “Melanie’s Law,” an act that went into effect in 2005, increasing the penalties for OUI, including enhanced driver’s license suspension or revocation periods. Under this program, multiple offenders and certain first-time offenders are required to install IIDs for a prescribed period. This is stated by the Commonwealth of Massachusetts in Melanie’s Law, as amended in 2020. The law requires IIDs to be installed for drivers who have conditional hardship licenses and hardship and interlock (HT) license restrictions. Drivers seeking reinstatement after completing an OUI suspension or revocation period are also required to install IIDs and have the interlock (T) restriction on their driver’s licenses.

How Do Ignition Interlock Violations Occur?

IID violations can occur in various ways. The following are among the most common:

• Failed breath tests: Blowing a BAC above the .02% limit is a violation of IID requirements. Every failed test is recorded by the device and reported to RMV.
• Missed rolling retests: Drivers with IIDs installed in their vehicles are required to provide breath samples at random intervals while driving. Ignoring retests or failing to pull over to take the tests safely can result in violations.
• Driving a vehicle without an IID: If your license is restricted and requires an ignition interlock device, you are prohibited from driving any vehicle that does not have one installed. A single instance of driving a non-equipped vehicle can have serious consequences.
• Missed service appointments: IIDs must be regularly serviced and calibrated only by approved vendors. Missing service appointments or failing to address a malfunctioning IID could lead to a violation.
• Circumventing or tampering with the device: Ignition interlock devices are equipped with sophisticated anti-tampering technology. Asking someone else to blow into the device for you or attempting to circumvent, tamper with, or disable an IID is a serious offense.

What Are the Consequences of IID Violations?

Massachusetts has some of the strictest OUI laws in the nation. Violating ignition interlock device requirements can lead to additional administrative or criminal penalties. Potential consequences include the following:

• Immediate license suspension: Upon notification of an IID violation, the RMV may impose immediate suspension of your driving privileges. Depending on the nature and frequency of violations, the suspension period could be several months or even years.
• Extension of IID restrictions: Penalties for noncompliance often include extending IID requirements. For example, two years could be extended to three years or more.
• Fines and fees: Violations can lead to additional fines and fees, including costs of recalibrating or resetting the device. The costs can place a significant financial burden on the offender.
• Impact on sentencing: If you are on probation or still resolving an OUI, IID violations could complicate your case and lead to harsher sentencing.
• Criminal charges: Drivers with IID requirements could face criminal charges for certain violations, such as driving a non-equipped vehicle or tampering with the device. Penalties upon conviction may include jail time, fines, and a permanent mark on your criminal record.

What Are Your Legal Options If You Are Accused of IID Violations?

The Massachusetts Ignition Interlock Device Program is designed to reduce the risk of repeat OUI offenses and promote safe driving. Compliance is essential to maintaining driving privileges and avoiding additional penalties. If you are accused of committing IID violations, knowing your legal rights and the options available to you is vital. Our experienced Massachusetts DUI/DWI/OUI attorney can explain your options and help you navigate the process. Depending on the circumstances of your case, we may be able to help in the following ways:

• Challenging the evidence: Human error, device malfunctions, and medical conditions can result in missed tests or false positives. Your lawyer can review the evidence against you and challenge any inaccuracies.
• Negotiating with RMV: In some cases, it may be possible to negotiate with RMV to reduce the penalties or reinstate your license sooner. The process may require presenting evidence of good faith compliance and addressing any issues that led to a violation.
• Appealing suspension: If your license was suspended because of an IID violation, you may request a hearing with the RMV. Your attorney can represent you at the hearing and argue for alternative penalties or leniency.
• Addressing underlying issues: IID violations can stem from alcohol dependency or lack of education about program requirements. Enrolling in an alcohol education or treatment program can demonstrate that you are taking steps to address these issues.

Why Choose The Law Office of Brian Simoneau?

Attorney Brian Simoneau is the co-author of Obtaining, Losing, & Seeking Reinstatement of Driver’s Licenses, a publication relied on by other legal practitioners who appeal license suspensions and revocations in Massachusetts. He has more than 20 years of experience and a history of success for his clients. Ignition interlock violations can have serious consequences. It can be extremely difficult to navigate the process on your own. Contact The Law Office of Brian Simoneau for a free consultation at 508-625-5776.