Ignition Interlock Devices (IIDs): What You Need to Know

Use these links to jump to different sections:

• What Are Ignition Interlock Devices? 
• How Do Ignition Interlock Devices Work?
• When Do IIDs Become a Penalty or Consequence From a DUI/DWI?
• Do All States Require IIDs for DUI Convictions?
• Who Pays for the Ignition Interlock Devices?
• Do I Have to Put an IID in Every Vehicle I Drive?
• How Long Are Ignition Interlock Devices Required to Be in the Car?
• What Happens if I Tamper With the IID?
• Find Experienced Legal Help

You hop in your vehicle, click the seat belt, and turn the key. Not so fast. If you have an Ignition Interlock Device (IID), you have one more step before your vehicle will start. States have taken steps to reduce the amount of drunk driving by imposing more restrictive consequences on drivers with a DUI conviction. An IID is one of those consequences. However, it doesn’t have to be the end of your time driving.

Understanding how an IID works and its purpose can help you feel better about complying with this seemingly tedious requirement.

What Are Ignition Interlock Devices? 

An IID is a car breathalyzer that measures your breath sample to determine recent alcohol consumption. If the device detects alcohol, it will prevent you from starting and driving your vehicle. The presumption is that if you fail the breath test, your blood alcohol concentration is too high to operate a vehicle safely.

The device will perform random retests throughout the trip to prevent alcohol-related activity during driving that could increase the driver’s blood alcohol content.

How Do Ignition Interlock Devices Work?

IIDs function like a small breathalyzer that controls the operation of the vehicle’s ignition. The vehicle driver blows into the mouthpiece to test their breath alcohol level. If they pass the breath test, they can start the vehicle and drive. Alternatively, if the device detects alcohol, it will prevent the vehicle from starting. An IID will not measure blood alcohol content or blood alcohol concentration (BAC) directly.

Once the driver begins to drive, the IID randomly has the driver take additional breath tests. If it detects alcohol, it records the failed test. These results will later be reported to the court.

Early IID devices were relatively primitive, and incorrect results were common. This is not the case with modern devices, which achieve more accurate testing. They can also record vehicle activity and any attempt at device tampering in real time.

When Do IIDs Become a Penalty or Consequence From a DUI/DWI?

There are administrative and criminal consequences for your DUI.

Administrative Penalties

The administrative penalties occur through the Department of Motor Vehicles (DMV). You could have your driver’s license suspended or revoked. If you want to obtain a restricted license, you may be required to use an IID during your license suspension period.

In addition to requiring an IID, some states require drivers who have been convicted of a DUI to present proof to the DMV that they have auto liability insurance for a certain period of time with a Safety Responsibility form 22 (SR-22).

Criminal Penalties

The judge will explain your penalties once the criminal court finds you guilty of DUI. This could include varying requirements, like fines, jail time, community service, and IID use. Your penalty will depend on your state, the circumstances of your DUI, criminal history, driving infraction history, and the effectiveness of your defense.

Do All States Require IIDs for DUI Convictions?

Yes, all states use IIDs in some capacity as a consequence of getting a DUI conviction. The degree of use can vary significantly based on the DUI laws the states have in place. Some states do not have administrative requirements for using an IID. Others only require its use after your first offense. This gives some leeway for first-time offenders, with increasing penalties for subsequent DUI offenses. Some states do not require an IID but will provide drivers with incentives for agreeing to participate. At the other end of the spectrum, a few states will have strict DUI penalty laws that require everyone to use an IID.

The criminal penalties for DUI are separate from the administrative penalties. While you may not have to use an IID administratively, your state’s criminal laws may require you to use an IID as part of your criminal conviction penalty.

Jonathan Dichter of DUI Heroes law firm regularly represents individuals facing DUI charges in Washington state. He explains Washington’s IID and SR-22 proof of insurance requirements. “You are not required to have the interlock device at any point [administratively]. You’re required to have SR-22 [coverage] for three years. Any administrative suspension comes with three years of SR-22 but doesn’t have an administrative interlock requirement. Where the interlock device requirement comes in is what happens in the criminal court.”

Who Pays for the Ignition Interlock Devices?

You will pay for ignition interlock installation and all associated costs. The Department of Motor Vehicles (DMV) does not pay for your device. It will also refer you to an independent company for your IID. The cost of an IID will vary significantly depending on where you live and your company. Your total cost to participate in the IID program can range from a few hundred to a few thousand dollars—for example:

• Administration fee: $75-$200
• Device installation: $50-$150
• Monthly lease and calibration: $50-$150 monthly
• Removal: $50-$150
• Lockout reactivation due to program violation: $50-$150.

As you can see from these costs, you do not buy an IID; you lease it. Some states will work with a single official IID vendor, while others will have several options. The states with one vendor have more consistent pricing than the states that allow multiple vendors to operate. Many states also offer financial assistance programs for those who cannot afford the IID fees.

If your court order requires specific features, expect your IID costs to increase. These include features like GPS, real-time reporting, and a camera.

Do I Have to Put an IID in Every Vehicle I Drive?

The vehicle requirements vary among the states. Some states require you to put an IID in the one vehicle you will drive. Other states require you to install an IID in every vehicle you own.

This applies to antique, collector, and seasonally driven cars. It also doesn’t matter if the vehicle is registered or not. Finally, some states require all vehicles you can access to receive an IID installation. As you can see, meeting the IID requirements in some states can get expensive.

How Long Are Ignition Interlock Devices Required to Be in the Car?

Your state’s administrative and criminal laws will determine the length of time you can drive with an IID.

Generally, individuals criminally convicted of DUI face several months of using an IID. In some states, there is no absolute administrative requirement for having an IID. Instead, you can accept the suspension of your driving privileges and not drive for the suspension length. You will only use an IID with an occupational or hardship license. In other states, you are required to use an IID, no matter when you start driving again. In Washington State, Dichter explains how IID requirements can vary for those dealing with a DUI.

“You can choose not to drive during your suspension if you want to, so you never have to get the interlock device when your suspension is over. Ultimately, when [the driver’s] suspension is over, they just go pay a reissue fee and get their license back as long as they comply with whatever other requirements are necessary.”

Several factors are considered when determining how long you will drive with an IID. The court will look at the driving offenses you were found guilty of. First-time offenders typically have shorter requirements than those with subsequent offenses.

Finally, some states reward good behavior. You may be able to get your IID removed early. A DUI/DWI defense attorney can explain your state’s stance, whether it allows for early removal, and how to qualify.

What Happens if I Tamper With the IID?

Do not attempt to tamper with your IID. This is a terrible idea and will create many more legal issues. In Colorado, tampering with your IID is an additional criminal offense. In other states, you face additional fines, revocation of your license, possible jail time, and removal from the ignition interlock program.

In addition, if you lose or damage the device, you may have to pay for its replacement cost. Replacement typically costs several thousand dollars. You will also have the cost of towing your disabled vehicle somewhere to have it reset.

Find Experienced Legal Help

Having an IID installed on your motor vehicle may sound like an inconvenience. However, complying with the requirements for this device can help you get back to normal life sooner. Choosing the right attorney is essential for helping you feel confident in their ability to help you throughout the course of your DUI case.

Visit the Super Lawyers directory to search for a criminal defense attorney who practices DUI/DWI law in your state.