If you have questions regarding ignition interlock devices in Atlanta DUI cases and if one needs to be installed on your vehicle after an arrest, do not hesitate to reach out to a professional defense attorney for assistance. A skilled lawyer can explain to you how the device works and why you may be obligated to install it. Read on to learn more about ignition interlock devices in Atlanta DUI cases, as well as the ways a dedicated attorney could work to make a difference in your case today.
What is an Ignition Interlock Device?
An ignition interlock device(IID) is a machine that one blows into that is attached to their vehicle in order to start the car. In some cases, an individual will need to blow into it every hour to make sure that there is no alcohol in their system. Ignition interlock devices in Atlanta DUI cases work through a final call sensor that generates an electric current when contacted with alcohol testing design that allows it to determine whether there is any alcohol in the breath sample. If there is any alcohol in that sample, the device will not allow the vehicle to start. There are a number of different types of providers of the ignition interlock device in Atlanta. There are private companies –and people can just Google them.
There are other alcohol monitoring devices but ignition interlock devices in Atlanta DUI cases are the standard. There is a device called a SCRAM device that is worn on a person’s ankle and measures alcohol through an individual’s skin to determine if there is alcohol in their system. Many jurisdictions use this, like Cobb County, Cherokee County, and Forsyth County. Certain jurisdictions mandate the use of SCRAM – Forsyth County is a big one. It is a continuous alcohol monitoring system.
Voluntary Interlock Situations
In many DUI cases in which a refusal to take a sobriety test or a test yielding a BAC above the legal limit is involved, the driver has the choice of putting an interlock ignition device on their vehicle. This is what is called a voluntary interlock. What that means is that if someone takes an alcohol test or an individual refuses the test, instead of appealing to the Department of Drivers’ Services for a hearing, a driver can put this device on their car. That device stays on there for 12 months.
This is based on either getting pulled over and blowing above .08% or refusing to take the breathalyzer test. This is prior to any sort of criminal suspension. An individual has to keep this device on their car for at least 12 months regardless of whether the case is dismissed, the driver is found not guilty, or the charge is reduced to reckless driving. This takes place before the case ever goes to court. In a refusal case where there is an Administrative license suspension, an ignition interlock device can allow them to maintain the ability to drive for a 12 month period, whereas they could be losing their drivers’ license for a 12 month period without it. It also allows them to potentially get a work permit upon a conviction for a second offense within five years.
Mandatory Record Checks
Ignition interlock devices in Atlanta DUI cases keep a record of the activity for approximately 30 to 60 days, and this record could be printed out or downloaded each time the devices are checked, which is every 30 days in Georgia. Georgia mandates that every 30 days the individual must have their interlock ignition device checked to see if there is any sort of violation.
Law enforcement officers check the interlock device by taking a known alcohol concentration and calibrating the machine while checking to see if there has been a violation. If there is a violation, the officer will notify the Department of Drivers’ Services, or they can also notify a probation department.
Second-Offense DUI Interlock Devices
The second situation that merits ignition interlock devices in Atlanta DUI cases is in the event that someone gets convicted of a second offense within five years. That individual is mandated to have the device on their car after 120 days. They would undergo 120 days with no driving, and then they would be obligated to put that device on their car for a mandatory period of 12 months. They will then be able to get their license back 18 months after that.
Attorneys have nothing to do with the actual installation of the ignition interlock device, but an attorney can help a person with the interlock petition and help them make a decision as to whether it makes sense to put the device on the car or whether it makes sense to appeal to the Department of Drivers’ Services. If an individual wants to know more about ignition interlock devices, they should speak with a skilled DUI attorney that could answer their questions.