How do Ignition Interlock Devices Work after a DUI? - Sand Law North Dakota
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How do Ignition Interlock Devices Work after a DUI?

16th July 2021

How do Ignition Interlock Devices Work after a DUI - Sand Law PLLC North Dakota Criminal Defense Attorney

If you’ve been arrested for a DUI (driving under the influence), you may be required to install an ignition interlock device into your vehicle. When you’re arrested, there are many different potential outcomes for your case. You may have to serve jail time, pay fines, take classes, or install certain devices to be used before you’re able to operate your vehicle.

By hiring a DUI defense attorney, you can have your sentence reduced. This may include the downgrading of your jail time, lowered fines, reduced suspension time, and more. However, when your attorney bargains to have your sentence reduced, it may come with a compromise, such as having an ignition interlock device installed into your vehicle.

If you’ve been unfairly arrested for a DUI, our talented team of DUI defense attorneys will be able to argue your sentence, or in some cases, even have your case thrown out entirely.

How Do Ignition Interlock Devices Work?

An ignition interlock device is a device that can be installed into your vehicle. It’s comprised of two different parts, a handheld device and an electronic control unit that is connected to your starter. There are many different companies that manufacture these devices, but they all work about the same.

Ignition interlock devices are basically in-car breathalyzers that require you to breathe into them before allowing you operate your vehicle. Basically, you must pass a breathalyzer test before your vehicle will even turn on. This prevents people from driving their car while intoxicated.

These are often a great choice for people who are convicted of DUIs, as it prevents them from repeating the offense again in the future. While they do have a bit of a social stigma to them, they will ultimately help to prevent you from getting charged again in the future.

If you are found guilty for your offense, installing an ignition interlock device is a great way to compromise with the arresting party to prevent high charges, the loss of your license, or other penalties.

Who Needs to Have an Ignition Interlock Device Installed?

In North Dakota, ignition interlock law states that you can install an ignition interlock device in lieu of a suspension after 30 days. That means that after you’ve had your license suspended for 30 days, you can choose to install a device instead of your license being suspended for however much longer the judge rules.

Other Penalties From DUI/DWI

The penalties you experience from a DUI/DWI charge depend on a variety of factors, such as whether or not this was your first offense and how high your BAC was. Penalties for DUI/DWI include:

For Your 1st Offense:

  • A $500 fine if your BAC is below .16%
  • A $750 fine and two days of imprisonment if your BAC is .16% or greater
  • 91 day suspension if your BAC is below .18%
  • 180 day suspension if your BAC is .18% or over
  • An addiction evaluation

For Your 2nd Offense in Seven Years:

  • Ten days imprisonment and a $1,500 fine
  • 360 days of participation in the 24/7 program
  • 365 days suspension if BAC is below .16%
  • Two year suspension if BAC is .18% or above
  • An addiction evaluation

The fines, suspensions, and jail time will go up the more offenses you have within a certain time frame.

Are DUI Arrests Ever Wrongful?

Yes. In fact, it’s fairly common for people to be arrested for DUI wrongfully. There are many factors that go into these types of arrests, and therefore there are many things that can be screwed up by the arresting officer.

For example, your case may be thrown out if:

  • The police didn’t have proper grounds to stop you
  • Illegal field sobriety tests
  • Illegal field chemical tests
  • They didn’t advise you of your right to speak with an attorney
  • Your breathalyzer or field sobriety tests were inaccurate

There are many different medications that can interfere with breathalyzer tests, making it seem like you’re under the influence when you’re actually not. Here are some things that may effect your breathalyzer test:

  • Asthma medications such as Albuterol, Salmeterol, and Budesonide
  • Oral pain relievers
  • Mouth washes
  • Breath sprays
  • Dental work, including cleaners, antiseptics, and medications used during procedures
  • Exposure to fumes
  • High ketone levels
  • Gastro disorders, such as GERD

How a DUI Attorney Can Help You Contest Your Arrest

If you’ve been charged with a DUI, a DUI attorney will ensure that the outcome of your settlement or court case goes as much in your favor as possible. This means arguing a lower sentence on your behalf. They may also be able to get your case thrown out entirely by investigating the incident and how the police handled it.

Our team of DUI attorneys have years of experience getting cases dismissed or thrown out and getting sentences reduced. For more information or to schedule a free case evaluation, please contact us online or at 701-609-1510.