Since August 2010, every person who is convicted of driving while intoxicated and other alcohol-related driving offenses excluding driving while ability impaired as a violation and driving while ability impaired by drugs, is required to install an ignition interlock device in any vehicle that the person owns or operates.
Initially the statute required installation of the ignition interlock device for a period of six months. However in November 2013 the statute was amended requiring the imposition of the ignition interlock device for the period of probation or conditional discharge and in no event for a period of less than 12 months.
However this statute also provides that application can be made for early termination upon a showing that the person installed and maintained the ignition interlock device for at least six months.
The ability to successfully achieve this relief is contingent on the particular case and is determined on a case by case basis. Making application for such a request is rare, particularly when an individual is serving a probationary sentence. However a probationary sentence does not preclude one from making this application.
Courts are more receptive to such a request if an individual is sentenced to a conditional discharge for a first offense, has completed all other conditions of his/her sentence, paid all fines, and has had no violations or positive readings on the ignition interlock device.
In order to have an ignition interlock device removed early a certificate of completion or letter of the installation must be provided by the court.
There are various costs associated with an ignition interlock device including an installation fee typically ranging from $100-$250, monthly monitoring fees typically around $80 per month, and ultimately a deinstallation fee.
Having an intermission interlock device removed early with court approval can save you a substantial amount of money especially if removed at the six-month mark.
If you have questions regarding the laws applicable to DWIs and ignition interlock devices call attorney Jason Henskee, Esq. today.