According to §42-8-111 of the 2010 Georgia Code, should a defendant be criminally charged with their second, third or fourth DUI, as part of their probation, they will be required to install an ignition interlock device (IID) in their vehicle. The time period of this installation will be for a period of six months and will be required in every vehicle that the person operates - this means every vehicle either solely or jointly leased, owned, or driven on a regular basis.
Fees for IIDs
Repeat DUI offenders are those who are most likely to be penalized with the mandatory installation of an IID. Designed to promote safe driving practices, the IID's purpose is to prevent drivers from operating a vehicle while under the influence of any amount of alcohol. As such, the device requires drivers to blow into it for a breath test before turning on their vehicle upon each new entry into the car.
Offenders who are ordered to have an IID installed in their vehicle will be held responsible for all related costs, including the purchase / lease of the device, as well as the fees for installation, maintenance, and ultimate removal. In some circumstances, however, a multiple DUI offender can be granted exemption of the state's IID requirement. To do so, the defendant's attorney must be able to prove in court that the fees associated with the installation and use of the IID would create a financial hardship for the driver
How the Ignition Interlock Device Works
Upon installation, the ignition interlock device is connected to a vehicle's ignition system, allowing for automatic use every time the vehicle's engine is turned on. IID devices are pre-set to read for a BAC that is above the predetermined limit, which means that the vehicle will not start unless the person's breath sample falls short of the limit. If at any given time while the car is in motion, a person's breath test is higher than it should be, the vehicle's lights and horn will be triggered. The honking and lights can only be discontinued by turning off the ignition or submitting a new, clean breath sample.
Along with submitting to frequent and random stops for breath samples (a process referred to as the "rolling re-test"), persons who are required to utilize an IID will also be held responsible for calibration of the device. The court specifies the frequency at which calibration should be executed, but it is up to the offender to make sure that this is maintained as it is expected to be. In fact, if the service fails to be conducted, a permanent lockout could result, preventing the vehicle from starting under any circumstances. In turn, the vehicle will need to be towed (again, at the owner's expense) in order re-set the lockout phase.
Protect Your Rights: Contact an Atlanta DUI Lawyer
Dealing with an ignition interlock device is time-consuming, costly and inconvenient. Not only will you be required to pay for the device and installation, but every time that you start the vehicle up, you will be required to blow into the device to test your BAC in a way that is similar to a breath test. If no alcohol is detected on your breath, you will be permitted to start your car. As you drive, at certain intervals, you will be required to give subsequent samples.
At Sailers & Associates, an Atlanta criminal defense attorney understands the stiff consequences that are associated with something of this nature and fully recognizes the importance of defending against the possibility of it. For this reason, if you have been criminally charged with a DUI, it is highly recommended that you contact an attorney from the firm at once. To learn more about what can be done to protect your legal rights, contact Sailers & Associates.