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Do I Have to Get an Ignition Interlock Device After a DUI in IL?

Being convicted of a DUI can be an overwhelming experience for those in Illinois. This state has intense penalties for offenders, so understanding the consequences you can face for this process is critical. Unfortunately, many are unaware they will have to install an ignition interlock device in their vehicle. As such, if facing charges, it’s in your best interest to connect with a Peoria DUI lawyer to explore your legal options. The following blog explores what you must know about this penalty.

What Is an Ignition Interlock Device?

A Breath Alcohol Ignition Interlock Device (BAIID), often just called an ignition interlock device (IID), is a breathalyzer system installed in the vehicles of those charged with a DUI. In Illinois, first-time offenders must have this device installed in their vehicle. By installing the IID, a first-time offender can have their license suspension shortened to six months instead of one year.

An IID is a device requiring you to perform a breathalyzer test to start your vehicle. This is to help prevent those who have driven while intoxicated from offending again. Additionally, if you have this device in your car, you must have a camera installed to capture you as you perform the test to start your vehicle. This is to ensure that you do not have another person perform the test for you. Additionally, the IID will require you to take “rolling tests,” which register your BAC while you are driving.

If you do not opt to have the IID installed in your vehicle, you must serve the entirety of your license suspension and face a Class 4 felony charge.

What Happens If I Have Alcohol in My System While Using the Device?

When you have an IID installed in your vehicle, it’s critical to understand that it is constantly monitored by the office of the Secretary of State. As such, any attempt to tamper with the device, dismantle or remove it, or have alcohol in your system while attempting to use the device sends an automatic alert to the office.

Generally, a BAC under 0.025% will allow you to start your vehicle. Official violations include:

  • Blowing a 0.05% or higher
  • Failing a rolling test or failing to take the test
  • Five unsuccessful attempts to start the car within 24 hours
  • Ten unsuccessful attempts to start the vehicle within 30 days

In the event you receive a violation, you will be mailed an official letter informing you by the State Secretary’s Office. You then have 21 days to explain the violation. If your explanation is not valid or you do not explain it, you can face three months of an additional suspension.

If facing a DUI or IID violation, connecting with an experienced criminal defense attorney as soon as possible is critical. Unfortunately, these charges can have a considerable impact on your life, so it’s in your best interest to do everything possible to protect your rights.

Whether the officer arrested you without accurately administering a chemical test or your IID malfunctioned causing you to face additional penalties, you should immediately connect with an experienced attorney. At Giruado Law, our dedicated legal team understands how complex these matters can be, which is why we are dedicated to assisting you through these charges. Contact us today to learn more by scheduling a consultation.

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