Hello. I was given your information on a local forum for people who have IID devices in their car in the state of MA. I am pretty sure i don’t need your legal help this time but had a quick question to make sure.
I have been anal about being so careful with my device. It locked out once during a rolling retest because the power bar i was eating had sugar alcohol in it but i immediately re-blew while driving and rinsing my mouth and it was fine. I got a start-up violation about six months ago but no lock out on a start up because i had scampi and i blew in the thing and it recognized bac too high. This past Saturday I got a start up violation at around 2 pm and when i tried again at five ,,,, same thing. I know it was something i took with regard to cold medicine because i was sick as a dog and taking stuff all day. and i don’t drink.
Either way, I immediately went to the service station the next day and had the thing unlocked but now i am worried i am gonna have a hearing etc. From everything I have heard though a lockout due to two start up violations in the same service period is bad but I wont need to have a hearing.
Sorry to burden you with this but your name is coming up everywhere as the IID lawyer.
Any info you could give on this would be really helpful. I am having a heart attack as you can imagine.
The Ignition Interlock Unit of the registry of Motor Vehicles does not impose license suspensions for initial start IID violations. The rationale for this is that the device is working as intended. It is preventing someone with a blood alcohol concentration of at or above .02 from starting his or her motor vehicle. This is the primary goal of the Massachusetts IID program and, in and of itself, an initial start violation will not trigger a license suspension.
Rolling re-tests are designed to a driver who has been drinking from circumventing the system by having someone else blow into the device to start the vehicle and then operating with a BAC at or above .02. Therefore, 2 or more failed rolling re-tests will result in a registry hearing and, potentially, a long-term license suspension. In summary, if you have 2 or more “failed rolling re-tests,” you will likely be called into the Ignition Interlock Unit of the Mass. RMV, which is located at 25 Newport Avenue Extension, for an Ignition Interlock Violation (IVO) hearing. Likewise, if you have a single rolling retest reading at or above .05, you are also likely to be called in for a hearing.
The failed initial start test due to scampi will not result in a hearing notice or license suspension.
Whenever you experience an ignition interlock violation, you should immediately document what happened and proactively report it to the Registry of Motor Vehicles by meeting with a Registry hearings officer. You may also be able to get an exculpatory breath test from the police or an exculpatory blood alcohol test from a hospital. To have evidential value, these tests must be conducted close in time to the alleged violation. One of the easiest ways to avoid violations is to avoid eating or drinking anything, except water, while driving and for at least 15 minutes prior to attempting to start your vehicle. Breath sample contamination is a leading cause of ignition interlock violations. These violations occur when the IID misinterprets food or drink for a consumed alcoholic beverage.