Initial Start Interlock Violations

The Massachusetts Registry of Motor Vehicles (RMV) Ignition Interlock Department has begun issuing 10-year license revocations for initial start violations on ignition interlock devices (IIDs). This marks a strict departure from the RMV’s past policy, which previously viewed failed start-up attempts as evidence that the Ignition Interlock Program was working as intended—preventing intoxicated individuals from driving.

Under G.L. c. 90 § 24½, the RMV now penalizes individuals whose IID registers a BAC over .02 on two or more occasions within a single service period. A driver who experiences two initial start failures during this period may receive a violation notice and be required to attend an Ignition Interlock Violation Hearing, where they may face a 10-year or lifetime license revocation.

What Is an Initial Start Violation?

An initial start failure occurs when an IID prevents a vehicle from starting due to a BAC reading above .02. If this happens:

1. First Failed Attempt:

   • The IID enters a holding pattern for 30 minutes before allowing a retest.
   • During this time, the driver should rinse their mouth and ensure no alcohol-containing substances (mouthwash, medications, etc.) are present.

2. Second Failed Attempt:

   • If the second breath test also registers a BAC above .02, the IID goes into lockout mode.
   • The vehicle must be taken to a service provider within 48 hours for the data to be downloaded and analyzed.

3. RMV Violation Notice:

   • The Registry reviews IID data and may issue a violation notice.
   • The driver must appear at an Ignition Interlock Violation Hearing, or their license will be automatically revoked indefinitely.

What Happens at an Ignition Interlock Violation Hearing?

Location

All Ignition Interlock Violation Hearings are held at the RMV’s main branch at 136 Blackstone Street in Boston, Massachusetts.

Hearing Process

• A specialized hearing officer from the RMV’s Ignition Interlock Department will review:
  • Failed initial start attempts.
  • IID logs showing BAC readings above .02.
  • The driver’s explanation for the failures.
• The driver may present evidence, witnesses, or expert testimony to support their defense.
• The hearing is electronically recorded, and the driver has the right to legal representation.

Possible Outcomes

1. License Revocation (10 Years or Lifetime):

   • If the hearing officer finds the violations valid, the Registrar will revoke the driver’s license for 10 years (or permanently for repeat offenses).

2. No Violation Found:

   • If the driver proves the IID readings were false positives, the RMV may dismiss the violation.

How to Defend Against an IID Violation Charge

Request and Review IID Printouts

Drivers accused of an IID violation must immediately contact their service provider and request IID printouts for the dates in question. These logs can help determine:

• Whether an error occurred in the IID readings.
• Possible environmental factors that could have caused a false positive.

Document False Positives

If an IID registers a false positive, drivers should:

• Immediately rinse their mouth and attempt a retest.
• Report the incident to their IID provider.
• Seek an independent breath test at a police station or urgent care facility (if available).

Present Supporting Evidence

A strong legal defense may include:

• Expert testimony on potential IID malfunctions.
• Medical conditions that could cause false positives (e.g., diabetes, GERD).
• Witness statements confirming the driver was not drinking.

Hire an Experienced Attorney

The Massachusetts RMV takes a zero-tolerance approach to IID violations. Effective legal representation at the RMV can mean the difference between keeping your license and a 10-year revocation.

Why Is the RMV Enforcing Stricter IID Violation Penalties?

Previously, the RMV viewed failed initial start attempts as evidence that the IID program was working—preventing intoxicated drivers from starting their vehicles. However, the Registry now considers multiple failed start attempts as proof of an attempt to drive while impaired, leading to severe penalties.

Under G.L. c. 90 § 24½, the RMV is authorized to revoke a driver’s license when an IID:

• Prevents a vehicle from starting on at least two occasions due to BAC readings above .02.
• Records a BAC over .02 on two or more occasions during a single service period.

These cases no longer require proof of intent to drive—mere failed attempts are enough to trigger a 10-year license revocation.

What Are the Consequences of an IID Violation?

1. 10-Year or Lifetime License Revocation

   • Drivers found guilty of an IID violation face an automatic 10-year revocation.
   • Repeat offenders may receive a lifetime revocation.

2. Ignition Interlock Lockout & Towing Costs

   • A driver must tow their vehicle if they fail to reset the IID within 48 hours.
   • Additional towing and service fees apply.

3. Loss of Hardship License

   • Hardship license holders will immediately lose their driving privileges.
   • They will be ineligible for another hardship license for at least 10 years.

What Should You Do If You Receive an IID Violation Notice?

1. Do Not Ignore the Notice

   • Failing to appear at the violation hearing results in automatic indefinite license revocation.

2. Contact Your IID Provider Immediately

   • Request and review your IID data printouts.
   • Check for possible false positives or device malfunctions.

3. Gather Evidence for Your Defense

   • If you believe the IID recorded an error, obtain independent BAC test results (police station, medical provider).
   • Provide medical records if a health condition (e.g., GERD, diabetes) could have influenced results.

4. Hire an Experienced IID Violation Attorney

   • Legal representation is crucial—the RMV has taken a zero-tolerance stance on IID violations.
   • An attorney can challenge the accuracy of IID data and present evidence to prevent a 10-year revocation.

Final Thoughts: Protect Your License & Your Future

The Massachusetts RMV has significantly increased penalties for IID violations, making failed start attempts a serious offense. Drivers who fail two initial start tests during a service period risk 10-year license revocations.

If you have received an Ignition Interlock Violation Notice, DO NOT WAIT—contact an experienced IID violation defense attorney immediately.

📞 Call Attorney Brian Simoneau at 508-625-5776 for expert legal representation. Protect your rights and fight for your license today!