Penalties for violating the ignition interlock law
The Ignition Interlock System can be imposed as part of a sentence so that a defendant in either a DUI case or refusal of a chemical test case can still be able to drive without having a long suspension. DUI and breathalyzer convictions have minimum suspensions of 3 months and 6 months. However, a top drunk driving attorney knows that the suspensions may be reduced to only 30 days, if followed by having a Ignition Interlock System installed in the driver's vehicle. This interlock system allows drivers to drive anytime, anyplace, anywhere. During this period of time your license will no longer be suspended; however the condition of the interlock is required.
If a motorist is driving without an interlock when his license requires one, he would be guilty of a misdemeanor. However, he would not be guilty of driving on a suspended license after a DUI or refusal because his license is not technically suspended. If he was charged with operating on a suspended license after a DUI or refusal, the motorist would be looking at a mandatory sentence of ten days in jail up to a year. Often, many prosecutors as well as defense attorneys miss this caveat in the law. There is no mandatory jail time for violating interlock system driving requirements. However, it is a misdemeanor and could carry up to a year in jail. Nonetheless, motorists are often charged under the wrong statute.
Penalties for violating the interlock requirement
First offense Violation of Order: Any person subject to an ignition interlock order and/or blood and urine testing who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
Second Violation of order within 6 months Any person subject to an ignition interlock order and/or blood and urine testing who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
Interlock violations do not only include driving without an interlock but also includes if someone is altering, tampering or in any way attempting to circumvent the operation of Ignition Interlock system. In addition, if a motorist solicits or attempts to have another person start a motor vehicle equipped with an interlock system so that he would be able to drive would also be guilty of a misdemeanor
Hire a top drunk driving lawyer today, hire DUI Attorney Michael J. Zarrella
Whether you're charged with driving on suspended license or driving in violation of the ignition interlock order it's important that you get a Rhode Island DUI and criminal defense lawyer immediately. Attorney Michael Zarrella has a long track record of success on driving offenses including DUI, operating on suspended license, driving without insurance, driving a lot of interlock, among many other traffic charges. Call him now at 401-523-5271 for a free consultation.