Ignition Interlock Violations in Massachusetts

Under Melanie’s Law, Massachusetts has implemented some of the strictest ignition interlock device (IID) requirements and violation enforcement standards in the country. Repeat offenders with two or more DUI convictions are required to install IIDs as a condition of obtaining a hardship license or full license reinstatement. This guide outlines how the IID program works, who is required to participate, and the consequences of violations.

What is an Ignition Interlock Device (IID)?

An IID is a handheld breath-alcohol monitoring device connected to a vehicle’s ignition system. The device measures the driver’s blood alcohol content (BAC) and prevents the vehicle from starting if the BAC exceeds 0.02. It also requires random rolling re-tests while the vehicle is in operation to ensure ongoing compliance.

The device logs all test results, along with any incidents such as missed re-tests or attempts to tamper with the device. These records are downloaded monthly and submitted to the Massachusetts Registry of Motor Vehicles (RMV).

Who is Required to Install an IID?

Melanie’s Law mandates IID installation for:

1. Second and Subsequent Offenders: Drivers with two or more OUI convictions, alcohol program assignments, or similar offenses from other jurisdictions.
2. Hardship License Holders: Individuals reinstating their licenses under a hardship license must use an IID for the hardship period and for two years following full reinstatement.
3. Drivers Reinstated After Long-Term Suspensions: Those reinstating after a five-year or longer breathalyzer refusal suspension must install an IID.

How to Get an IID Installed

1. Obtain Approval: Schedule a hearing with an RMV Hearings Officer to determine eligibility for a hardship or full license reinstatement.
2. Select a Certified Vendor: After approval, the Hearings Officer will provide a list of certified IID vendors and necessary affidavits.
3. Install the IID: Schedule an appointment with the vendor for installation. Ensure you arrange transportation as you are prohibited from driving without an IID.
4. Return to the RMV: Provide proof of installation and completed affidavits to receive a license with a Z restriction, indicating you can only operate vehicles equipped with an IID.

Costs of the IID Program

The costs associated with an IID include:

• Installation: Approximately $125.
• Monthly Maintenance: Around $85.
• Two-Year Cost: Roughly $2,290, excluding additional fees for violations or service lockouts.

How Does the IID Work?

1. Initial Test:
   • Turn on the ignition and take a breath test. If the BAC is below 0.02, the vehicle starts. If not, the IID displays “fail,” and the vehicle remains inoperable until a subsequent test is passed.
2. Rolling Re-Tests:
   • During operation, the IID requires random breath samples. Drivers have five minutes to comply. Failure to provide a sample or turning off the ignition before the test is completed results in a violation.
3. Monthly Maintenance Visits:
   • Every 30 days, the IID must be calibrated and the data downloaded by a certified vendor.
4. Lockout Situations:
   • If the IID enters a lockout state due to violations or missed maintenance visits, the vehicle cannot be operated. Drivers have 48 hours to return to the vendor to reset the IID or face additional penalties, such as towing costs.

IID Violations and Consequences

The RMV enforces IID violations with a zero-tolerance approach, often leading to 10-year or lifetime license revocations. Common violations include:

1. Failed Rolling Re-Tests:
   • A single failed re-test with a BAC of 0.05 or higher.
   • Two failed re-tests with a BAC between 0.02 and 0.05 during one service period.
2. Missed Re-Tests:
   • Two missed rolling re-tests during a service period.
3. Tampering or Circumvention:
   • Disconnecting, bypassing, or tampering with the IID in any way.
4. Missed Maintenance Visits:
   • Failing to attend two scheduled IID service appointments.
5. Operating Without an IID:
   • Driving a vehicle not equipped with an IID during the restriction period.
6. Unauthorized IID Removal:
   • Removing the IID without RMV authorization before the restriction period ends.

Ignition Interlock Violation Hearings

When a violation occurs, the RMV will issue a written notice detailing the alleged violation and schedule an IID violation hearing at the Boston RMV.

Hearing Process:

1. Notification: The notice includes the date, time, and details of the alleged violation.
2. Evidence Submission: Drivers may submit evidence or a hearing memorandum at least three business days before the hearing.
3. Hearing:
   • A Registry official presents the violation evidence, such as BAC readings or tampering reports.
   • The driver or their attorney may present evidence, call witnesses, and rebut the allegations.
4. Decision: The hearing officer takes the case under advisement and issues a decision within 10 business days.

Consequences of Violations

If the hearing officer determines a violation occurred, the penalties may include:

• 10-Year License Revocation: For first-time violations.
• Lifetime License Revocation: For repeat or severe violations.

Appeals can be made to the Board of Appeal or, in rare cases, the Superior Court. However, overturning a violation determination is exceptionally difficult.

Why Legal Representation is Critical

IID violations can lead to life-altering consequences, including long-term loss of driving privileges. An experienced attorney can:

• Analyze IID data for errors or inconsistencies.
• Challenge RMV evidence, such as false positives or device malfunctions.
• Prepare a compelling defense and represent you at the hearing.

Massachusetts has one of the strictest IID programs in the country. While the program plays a critical role in reducing DUI recidivism, the potential for severe penalties highlights the importance of compliance and preparedness.

If you are facing an IID violation or need assistance navigating the IID program, contact Attorney Brian Simoneau at 508-625-5776. With extensive experience in Massachusetts IID laws and a proven track record, Attorney Simoneau can help you protect your driving privileges and avoid harsh penalties.