Ignition Interlock Circumvention

Ignition interlock devices (IIDs) play a critical role in promoting road safety under Melanie’s Law in Massachusetts. Designed to prevent individuals with DUI convictions from driving under the influence, these devices are mandatory for drivers reinstating their licenses after two or more DUI convictions. However, tampering with or attempting to bypass an IID carries severe consequences, including long-term license suspensions, criminal charges, and even prison time.

Understanding Ignition Interlock Devices

An IID is a fuel-cell-based electronic device that measures a driver’s blood alcohol content (BAC) before allowing the vehicle to start. In Massachusetts, the BAC threshold is set at 0.02—a very low limit. If the driver’s BAC exceeds this threshold, the vehicle will not start. Additionally, IIDs require rolling re-tests while the vehicle is in operation, further ensuring that drivers remain alcohol-free during their journey.

These devices are mandatory for:

• Drivers with two or more DUI convictions reinstating their licenses after January 1, 2006.
• Any individual operating under a hardship license and for two years after full license reinstatement.

The Dangers and Consequences of Tampering

Tampering with, bypassing, or disconnecting an IID is a serious offense in Massachusetts, with severe legal and administrative penalties.

Detection of Tampering

Modern ignition interlock devices are built with safeguards to detect and record any unusual activity, such as:

• Power Loss or Battery Disconnection: Any interruption in the power supply, whether intentional or accidental, is recorded.
• High or Low Voltage: Unusual electrical activity is flagged.
• Remote Head Disconnection: IIDs are equipped with tamper seals that visibly indicate unauthorized access.
• Device Circumvention Attempts: Any attempt to bypass the IID’s functionality will be recorded and reported.

During the monthly monitoring appointment, data from the IID is downloaded and reviewed by the Massachusetts Registry of Motor Vehicles (RMV). If tampering is detected, the RMV will initiate an interlock violation hearing.

Legal and Administrative Penalties

Massachusetts takes a zero-tolerance approach to IID violations. Penalties include:

1. License Suspension
   • A tampering or circumvention attempt may result in a 10-year license suspension.
   • Repeat offenses or severe violations can lead to a lifetime suspension of driving privileges.
2. Criminal Charges
   • Under Melanie’s Law, tampering with an IID is a felony.
   • Convictions carry a minimum mandatory jail sentence of six months and a maximum penalty of up to three years in state prison.
3. Failed Rolling Re-Tests
   • If a driver passes the initial start test but fails a rolling re-test during vehicle operation, it may result in an interlock violation notice and potential suspension.

The Challenges of Using an IID

While IIDs are essential for ensuring public safety, they can sometimes be inconvenient or embarrassing. Additionally, IIDs are prone to false positive readings, which may occur due to certain foods, medications, or mouthwash. Drivers are encouraged to be cautious and aware of what can trigger a positive BAC reading.

Steps to Address IID Violations

If you receive an IID violation notice or are facing a suspension due to an IID issue, it is critical to act quickly. Ignition interlock violation hearings are formal proceedings, and the RMV takes violations very seriously. You may benefit from professional guidance to navigate the process effectively.

Why Legal Representation is Essential

Successfully addressing IID violations or obtaining a hardship license after a suspension often depends on the quality of legal representation. An experienced attorney can:

• Analyze IID reports and identify potential issues.
• Represent you at RMV hearings or Board of Appeal proceedings.
• Prepare a compelling case to minimize penalties or overturn violations.

Ignition interlock devices are crucial for ensuring that drivers with prior DUI convictions adhere to safe driving practices. However, tampering with or attempting to bypass these devices carries serious consequences, including extended suspensions and felony charges. If you are facing an IID-related issue, seek professional legal assistance to protect your driving privileges and avoid harsh penalties.

Contact a Massachusetts ignition interlock lawyer at 508-625-5776 for expert guidance and representation. Whether you’re facing an IID violation, a hearing notice, or simply need advice, help is just a phone call away.