Rolling Re-test Violations in Massachusetts

Ignition Interlock Devices (IIDs) are critical tools for ensuring that drivers previously convicted of Operating Under the Influence (OUI) remain sober while operating a vehicle. However, these devices are not infallible, and users can face severe consequences for missed or failed rolling re-tests—even in cases where no alcohol consumption occurred. This guide provides an overview of rolling re-tests, common causes of violations, and steps to mitigate the risk of license revocation.

What Are Rolling Re-Tests?

Rolling re-tests are periodic breath tests required by the IID while the vehicle’s engine is running. The purpose of these re-tests is to prevent drivers from starting their vehicle with the assistance of a sober person and then operating it while under the influence of alcohol. When prompted, users typically have five minutes to provide a breath sample. Failure to comply or missing two re-tests can lead to an IID lockout, requiring a visit to the service provider within 48 hours to reset the device.

Repeated lockouts or violations can result in a hearing before the Massachusetts Registry of Motor Vehicles (RMV). If found in violation, the penalties are severe, often including a 10-year or lifetime license revocation.

Causes of Failed Rolling Re-Tests

Ignition interlock devices use fuel cell technology to detect alcohol. While designed to be “alcohol-specific,” these devices are not “ethanol-specific,” meaning they cannot differentiate between ethanol (found in alcoholic beverages) and other types of alcohol, such as methanol or isopropanol, found in common household products. This limitation can lead to false positives from sources unrelated to alcohol consumption.

Common triggers of false positives include:

• Products with Alcohol Content: Mouthwash, toothpaste, hand sanitizers, hair spray, cologne, aftershave, and air fresheners.
• Food and Beverages: Items containing vanilla extract, French vanilla-flavored coffee, or other alcohol-based flavorings.
• Chemicals in the Vehicle: Windshield washer fluid, nail polish, and disinfectants can emit vapors that trigger a positive reading if inhaled.
• Personal Care Items: Lotions, shampoos, and vapor rubs with alcohol content.

The RMV advises interlock users to avoid consuming food or beverages (other than water) and using alcohol-containing products at least 15 minutes before providing a breath sample.

Windshield Washer Fluid: A Hidden Risk

One overlooked source of ignition interlock violations is windshield washer fluid, which typically contains up to 40% methanol. When used, the fluid can vaporize and enter the vehicle’s cabin through the ventilation system. If the driver inhales these vapors and provides a breath sample shortly afterward, the device may register a false positive.

For example, one driver faced numerous rolling re-test violations after spilling washer fluid in their vehicle. The vapors caused the IID to record blood alcohol readings ranging from 0.021 to 0.075, despite no actual alcohol consumption. This case highlights the importance of keeping washer fluid bottles sealed and outside the passenger compartment.

Missed Re-Tests and Lockouts

In addition to false positives, missed rolling re-tests can lead to significant consequences. A loud stereo, external noise, or inattentiveness can cause a driver to miss the IID’s prompt for a re-test. Missing multiple re-tests will trigger a lockout, during which the vehicle cannot be started. Two lockouts may result in a hearing and potential license revocation.

To avoid missed re-tests:

• Minimize distractions, such as loud music, while driving.
• Remain alert to IID prompts for re-tests.
• Avoid leaving the vehicle running unattended, as this increases the risk of missing a re-test.

Penalties for Violations

The RMV enforces a zero-tolerance policy for IID violations. If a hearing officer determines that a violation occurred—whether due to a missed re-test or a failed reading—penalties are severe and non-negotiable:

• A 10-year license revocation for most violations.
• A lifetime revocation for repeat offenses or egregious violations.
• Immediate suspension of any hardship license.

Steps to Protect Yourself

If you experience a false positive or lockout, take immediate action to protect your license:

1. Document the Incident: Note the date, time, and circumstances surrounding the violation.
2. Contact the IID Service Provider: Request a diagnostic check and explanation for the reading.
3. Visit a Police Station: If possible, request a comparison breath test to confirm sobriety.
4. Notify the RMV: Contact the Ignition Interlock Department to explain the situation and provide evidence to contest the violation.

Ignition interlock devices play a vital role in preventing impaired driving, but their limitations can create challenges for users. Understanding the risks of false positives, missed re-tests, and the impact of everyday products can help you avoid violations. If you face an IID-related violation, take proactive steps to defend your license and consult with a qualified attorney if necessary. Staying informed and vigilant is essential for successfully navigating the Massachusetts Ignition Interlock Program.