A DUI conviction in the State of Alabama can trigger many legal consequences. These can include jail time, fines, community service, and mandatory participation in a substance abuse class. In Alabama, DUI offenders are required to have an ignition interlock device installed in their vehicle for monitoring when driving. The device requires a driver to blow into it, and then the device produces a blood alcohol content (BAC) reading. If the ignition interlock device detects the presence of alcohol, the vehicle will not start. We work with our clients to try and prevent the State from installing an ignition interlock device. The device can be intrusive and can have a negative impact on a persons career and personal life. If you face a DUI conviction, you need to consult with a DUI defense attorney who will work hard to prevent the installation of an ignition interlock device on your vehicle.
VIOLATION OF ALABAMA IGNITION INTERLOCK LAWS?
According to the ignition interlock device law, it is a violation of the law to record four or more BAC readings above 0.02% within a one month period. The exemption to this rule is if a driver using the device can register lower than 0.02% within 10 minutes of registering above the 0.02% reading threshold. Any driver that tampers with the device or tries to bypass the device by disconnecting it also violates the Alabama ignition interlock law. The third way to break the law involves the failure to perform proper servicing on the device once every 30 days.
1st TIME DUI OFFENDERS
If you are facing your first DUI charge the State of Alabama will request that you install an ignition interlock device in your vehicle. You can have the device placed in your vehicle for two years if you meet one or more of the following conditions.
- Your BAC measured at least .15%
- You refused to take a breathalyzer test
- You registered below the state minimum BAC, but there was a child under the age of 14 in your vehicle
- Your DUI charge includes an injury suffered by a passenger
Under law – a second DUI conviction will result in an ignition interlock device being installed for two years, while a third conviction requires a driver to have the device installed for three years.
IID INSTALLATION & REMOVAL PROCESS
Many people who face a DUI charge want to know about the installation and removal process for an IID ( ignition interlock device). If convicted of a DUI charge, the judge presiding over the case will sign and send an Order to the Alabama Law Enforcement Agency (ALEA). This happens regardless if the Order is an elective or mandatory installation of the device. The driver of the vehicle must then have an approved state IID – ignition interlock device installed into the vehicle. The driver must present proof of the installation to receive the mandatory ignition interlock restricted driver’s license.
Removal of the device can only occur only after the offender successfully completes the installation terms mandated by the State of Alabama. The court will ensure every requirement associated with the conviction has been met before issuing an order to remove the ignition interlock device.
If you have been charged with a DUI delaying your response to the charge can result in a conviction that remains on your record for many years to come. Contact an experienced DUI defense and criminal defense attorney that has expreience preventing the State of Alabama from ordering clients to install an IID device.
Contact us @ RILEY LAW FIRM for help!