Lowell Ignition Interlock Device Attorney

Melanie's Law and DUI / OUI Convictions

Under the terms of Melanie's Law, anyone who has 2 or more DUI / OUI convictions must install an ignition interlock device on their car as a condition for reinstating their license or receiving a hardship license. It doesn't matter how long ago your DUI convictions were or how far apart they are. Even though the law was passed in October of 2005, the Registry of Motor Vehicles (RMV) has chosen to apply Melanie's Law to DUI convictions that occurred before the law was passed. Additionally, the RMV is moving towards a policy of issuing hardship licenses only to persons who can prove they can't reach the desired destination by public transportation.

What is an Ignition Interlock Device?

An ignition interlock device (IID) is similar to a breathalyzer that attaches to your car. In order to start the car, you must first blow into the IID. If your blood alcohol content (BAC) measures .02% or less, the car will start; if your BAC exceeds .02%, the car will not start. Once you start your car and begin driving, you may be required to occasionally blow into the IID. If while driving your BAC is measured in excess of .02%, you horn will sound and your lights will flash. Additionally, a "FAIL" will be recorded.

Every 30 days you are required to return to the vendor who installed your IID. All test results from this period of time will be gathered. If you record 2 or more failures or lockouts (your car not starting), you may be in violation of your license. This could result in a 10 year suspension of your license. Should your IID prevent you from driving, you have 48 hours to notify the vendor, who will record the data and reset the device. Failure to do so will require towing your car to the vendor at your own expense. The cost of installing an IID is $200. The monthly maintenance fee is $85. IIDs do not work on motorcycles.

Who must Install an Ignition Interlock Device?

Persons who qualify for a hardship license must install an ignition interlock device for the duration of their occupational license. If their license is reinstated after the expiration of their hardship license, they must still drive with an IID for two years thereafter. Persons who have their license reinstated must drive with an IID for two years after their license is reinstated. Once you are allowed to drive without an IID, you must meet with a Hearings Officer, obtain a letter to that effect, and present it to the vendor who installed your ignition interlock device.

I didn't Drink anything but the IID Registered a "FAIL"

Ignition interlock devices are not perfect. The principles upon which they work, in addition to everyday wear and tear, mean they can register false-positives. Additionally, if you used mouthwash or had a very small amount of alcohol, the IID might register a false-positive as well. As an attorney that has tried numerous DUI cases, Greg Oberhauser understands what to look for when challenging an IID false-positive reading. When necessary, our office consults forensic specialists who can explain how false-positives occur and what circumstances in your case led to a false-positive reading.

Contact DUI Defense Attorney Greg Oberhauser Today

A DUI / OUI conviction is a serious matter that can affect your driving privileges, insurance costs, and freedom. If you've been convicted on more than one drunk driving charge, contact DUI defense attorney Greg Oberhauser today to schedule a free consultation. We can evaluate your case and determine if you are eligible for a hardship license and the installation of an ignition interlock device.