Ignition Interlock Device Failed Initial Start Tests - The Law Office of Brian Simoneau, P.C.

Question: I received your email address from your web site and had some questions regarding IID start-up lockouts in Massachusetts.

I have had an IID device in my vehicle for a little over a year. The device started giving me false positives on initial start-ups within the last month. In all cases, a reset of the device and an immediate re-test passed and I drove to my destination also passing ROLLING RE-TEST. I have not failed an ROLLING RE-TEST since installation of the device.

I have now received a lockout on the device due to two start-up failures. The documentation I have seen regarding start-up lockout penalties seems to be vague.

Does the RMV care about start-up lockouts?

Would you recommend a hearing to contest this lockout based on data that I blew clean before and immediately after the failure and also blew ROLLING RE-TEST clean?

If currently the RMV does not care about start-up lockouts, is it possible the requirements could change before I complete the program and this could count against me? (Much like my 1st OUI from 1983 which I regret not contesting, interesting how five years became a lifetime.)

Answer:

The Massachusetts Registry of Motor Vehicles does not currently suspend or revoke licenses based on initial start failures and there is nothing in the current Massachusetts Ignition Interlock Regulations, 540 CMR 25 et seq., which provides for such action.

The Registry does, however, impose 10 year or lifetime license revocations for other infractions such missed rolling re-tests, failed rolling re-tests, and failure to have the device downloaded and maintained as required by the Ignition Interlock Program Regulations.