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Attorney Brian Simoneau is a great lawyer. He is very versed on the current laws and he will help you convey a well organized winning case. I would highly recommend him.
James F.
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Ignition Interlock Violations Attorney in Massachusetts

Helping You Fight Ignition Interlock Device Violations

In Massachusetts, the use of Ignition Interlock Devices (IID) is a crucial aspect of dealing with multiple DUI (OUI) offenses. These devices are mandatory for repeat offenders and are integral to both the reinstatement of driving privileges and the terms of a hardship license. If you are navigating the complexities of DUI laws in Massachusetts, understanding the function, reliability, and legal implications of IIDs is essential. Were you charged with a second or subsequent DUI and ordered to use an Ignition Interlock Device? Our Ignition Interlock Device (IID) attorney in Massachusetts can help.

Call the Law Office of Brian  Simoneau, P.C. at 508-625-5776 or reach out to us online to protect your rights and driving privileges.

What is an Ignition Interlock Device?

An Ignition Interlock Device (IID) is a breath-testing device that controls the vehicle’s ignition to prevent it from starting if the driver’s blood alcohol content (BAC) is at or above .02 in Massachusetts. The system consists of two main components: the processing unit and the handset. The processing unit is typically hidden under the vehicle’s dashboard, while the handset, located within the driver’s reach, is used to provide breath samples.

Failed Rolling Re-tests

To start the vehicle, the driver must blow into the handset, which analyzes the breath sample. If the BAC exceeds the preset limit, the vehicle will not start. The IID also requires “rolling re-tests” at random intervals while the vehicle is running to ensure that the driver remains below the legal BAC limit. Failure to provide these re-tests, or failing them, can result in significant consequences.

What Are the Penalties for Ignition Interlock Device Violations? 

At The Law Office of Brian Simoneau, P.C., we help clients understand the serious consequences of Ignition Interlock Device (IID) violations in Massachusetts. If you’re required to use an IID, any violation can result in additional penalties, including:

  • License revocation
  • Extended IID program requirements and delayed license reinstatement eligibility
  • Reinstatement hearing delays with the Registry of Motor Vehicles (RMV)
  • Potential new criminal charges, depending on the nature of the violation

IID Legal Requirements and Usage in Massachusetts

In Massachusetts, IIDs are required for all repeat DUI offenders as part of the conditions for a hardship license and for two years following the reinstatement of full driving privileges. The devices must meet specific standards set by the National Highway Traffic Safety Administration (NHTSA), including the following:

  • An interlock device is required for drivers with a second or subsequent DUI conviction as a condition for obtaining a hardship license and must remain installed for two years after full license reinstatement.

  • These devices must meet standards set by the National Highway Traffic Safety Administration (NHTSA) to ensure accuracy, but false positives and other issues can still occur.

  • The RMV requires that all data from the interlock device, including breath test results, engine starts and stops, and any tampering alerts, be downloaded monthly by an authorized provider.

Failure to comply with these rules or violations recorded by the interlock device can result in severe consequences. Penalties include a 10-year or even lifetime license revocation. If you are facing allegations of interlock device violations, we offer a free initial consultation to discuss your options.

Are Ignition Interlock Devices Accurate and Reliable?

Despite their widespread use, IIDs are not as accurate as traditional breathalyzers, which themselves have been controversial in Massachusetts. In 2018, the state faced a scandal involving improperly calibrated breathalyzers, leading to thousands of cases being affected. While breathalyzer results were eventually reinstated after extensive review and re-accreditation, the incident highlighted the potential for error in alcohol-testing devices.

Can You Challenge Ignition Interlock Device Violations?

IIDs, while not identical to breathalyzers, share some of these limitations. They can register false positives from substances like hand sanitizer, windshield washer fluid, or even certain types of food. These inaccuracies can lead to wrongful accusations of IID violations, which can have serious consequences for the driver.

If you believe that your IID has produced a false positive, it is crucial to seek legal advice. At the Law Office of Brian Simoneau, P.C., we can challenge the validity of the IID results. In some cases, we can have them excluded as evidence in hearings before the RMV or the Board of Appeal.

Duration of IID Requirement

The duration for which an IID must be installed in your vehicle varies depending on the specifics of your case. Generally, you are required to use the IID for the entire duration of your hardship license, followed by an additional two years after your full license is reinstated. In some cases, a skilled attorney may be able to negotiate a reduction in this period through a plea bargain.

Accused of an Ignition Interlock Violation in Massachusetts? Here’s What You Should Do

If you are accused of violating the terms of your IID usage—due to a failed test, missed rolling re-test, or any other issue- consult with a legal professional. It is vital to consult with an attorney who specializes in this area of law. The legal ramifications of an IID violation can be severe, including extended license suspensions and potential criminal charges.

A knowledgeable attorney, such as Brian Simoneau, who is an expert in Massachusetts IID laws, can provide invaluable assistance. He can help you navigate the legal process, challenge the accuracy of IID results, and represent you in hearings before the RMV or the Board of Appeal. Having expert legal representation can significantly impact the outcome of your case and help protect your driving privileges.

Contact our Massachusetts Ignition Interlock Device Attorney

Navigating DUI convictions and IID requirements in Massachusetts is scary, but understanding your rights and the technology involved is crucial. While IIDs are an essential tool in reducing drunk driving incidents, they are not without flaws. Ensuring that you have the right legal support can make a significant difference in maintaining your driving privileges. Let our firm address any challenges that arise with the use of an IID in Massachusetts. We can guide you through the process and help protect your rights.

If you face any issues related to IIDs, contact a skilled ignition interlock attorney in Massachusetts at 508-625-5776.