If you are having to deal with an ignition interlock device, it is likely that you have been convicted of driving while intoxicated. Whether you chose to have the device installed instead of having to suffer a suspension, or you were legally required to have it installed, the device comes with several rules and requirements that must be followed. Any violation of these rules, including tampering or breaking the device, can lead to further penalties.
It may be tempting, especially with the sort of (usually unreliable) information available on the internet, to try and bypass the restrictions the device implements. To that we say, don’t do it. it is not worth a full suspension of your license where you will not be able to drive at all. The best course of action is to follow the laws, cooperate, and do not tamper with the device so that you can get back to driving unfettered as soon as possible.
How does an ignition interlock device work?
An ignition interlock device (IID) is a hardwired box-shaped device on your dashboard with a mouthpiece connected to it. In order for the car to start, the driver must blow into the mouthpiece to ensure that the driver’s blood-alcohol content level (BAC) is within the minimum limit of .025% the device requires. The device also requires sporadic tests while you are driving to ensure that you are not actively drinking once you are on the road and driving.
It should be noted that the retests while driving are supposed to offer the driver enough time to safely pull over to the side of the road in order to blow into the device. If the driver fails the test, the device will log the violation, but will not turn off your engine suddenly for safety reasons. Some devices will activate your lights and horn in order to get you to stop driving willingly.
Can I bypass the ignition interlock device?
So you have this device in your car, and there may be several reasons that you see a need or desire to try and bypass it. Some reasons include:
- An emergency occurs after you’ve had a couple drinks.
- You need a ride home after unintentional drinking.
- You just want to see if you can beat the machine.
(For the record, there are terrible excuses, especially in the days of Uber. But we’ll run with them because we hear them a lot.)
It’s a device that you just need to blow into, so it may seem simple to find a way around it, but the device is more complicated than that; it comes with several anti-tampering measures that are regularly looking for bypassing attempts. In the past, people have tried to bypass the machine by:
- Using a balloon full of fresh, alcohol-free air to blow into the device
- Using a sober friend to blow into the device
- Pulling out the wires the device is hooked up to
- Sucking on a penny
- Chewing mints or gum
- Blowing through a filter
Many of these “tests” are completely fabricated, and some have worked in the past before the devices were as advanced as they are today. So the short version is, none of these are going to work. Modern IIDs have features to catch these tricks, including:
- Requiring the driver to both inhale and exhale
- Requiring the driver to hum while blowing into the device
- Lockouts when wires are tampered with or disconnected
- Cameras to check for other tricks such as a different user or even balloons
Tricking the device may seem easy, but it will most likely end up with you winding up with a suspended license. Instead, you should consider calling a rideshare or taxi, taking the bus or rail system, calling a friend for a ride – or simply, if you’re going to drive, don’t drink.
But what if the IID just, like, breaks?
Really?
Yeah, really. What happens if the actual ignition interlock device breaks or malfunctions?
You’ll need to get it fixed – ASAP. It’s on you to make sure that it’s in working order at all times. And for what it’s worth, the cost of repairs is absolutely going to come out of your own pocket unless it turns out there’s something wrong with the device or the software.
So if the software in my IID is defective, then-
Stop right there. I see where this is going, and I already hate that I gave you the idea.
Your IID is almost certainly not going to malfunction. If you tried to buy the parts yourself and install one, then there may be an issue – but again, that’s going to end up being a “you” problem, and no judge is going to give you a free pass for it. The only real excuse for an issue with your ignition interlock is a mechanical problem with your battery or alternator. If one of those go, then maybe you’ll have a valid excuse. But you’ll need some proof, like a receipt for the local repair shop, if you get busted for a violation related to a malfunction.
What if I dropped the bit that I breathe into and it cracked?
Does it still work? Then it doesn’t matter. If it doesn’t work, then you need to go get it fixed.
What if an electrical problem shorts out my IID?
Please see above.
What if the IID falls out of the car?
You’re killing me, Smalls.
Look – everyone hates IIDs. I hate them, my team hates them, the people who have to use them hate them. They’re expensive and unreliable and they can cause car accidents. In short, IIDs stink.
IIDs are unreliable as they will detect any amount of alcohol on your breath, even if the alcohol is an ingredient present from your inhaler or other medications. That is included as a violation, and it will be noted.
An IID is costly, and requires monthly maintenance and check-ups, which the driver has to pay for. So, as punishment, not only do you have to have this device in your car that unreliably checks your breath for any hint of alcohol, but you have to pay a monthly fee for it as well. Any violation – including the device logging your breath after you’ve taken certain medications, used mouthwash, or used your inhaler – will extend your participation in the program by a month.
Don’t forget that in order to have your IID installed and serviced, you have to schedule an appointment at a service center. The service center with the best price may not even be the one closest to you, so be sure to schedule in time during your likely busy schedule for that.
Ignition interlock devices are often required by law if you are charged with a DUI/DWI, and while the idea may be sound, the reality of the device is that it has its flaws that make getting your life back on track even more difficult. Despite that, it is best not to try and bypass or break the machine, as that will likely only see you having to deal with a worse penalty like having your license suspended completely. If you think you might be required to get an ignition interlock device installed, stay calm and let me help. As an Annapolis DUI defense lawyer who understands what IIDs are about, I will do everything I can to make sure you can keep driving without having a bothersome IID installed. Call my firm, Drew Cochran, Attorney at Law, in Annapolis or Ellicott City, or fill out this contact form to learn more.
Just remember – Stay calm, and call Drew.
