Can You Fight an Ignition Interlock Device Penalty in Tennessee?

An Ignition Interlock Device (IID) is a piece of equipment that contains a breathalyzer. It connects with a vehicle’s ignition system and requires the driver to breathe into it before the car will start. If the driver has more than .02 BAC (Blood Alcohol Concentration) in their breath, the vehicle will not start. If the driver’s BAC is below the limit, the vehicle will start.

In Tennessee, drivers who have been convicted of DUI for the first offense may be required to have an Ignition Interlock Device installed in their vehicle. An IID may also be required when a DUI offender applies for a restricted driver’s license.

When is the installation of an IID required?

There are circumstances under which an Ignition Interlock Device is required, but in many cases the judge has some amount of discretion when it comes to assigning an IID. If you have been convicted for a DUI first offense with a BAC of .08 percent or higher, you had a child under the age of 18 with you at the time of the offense, driving under the influence was the cause of a traffic accident charged with reckless driving and other factors, the court may require an IID.

If you have been sentenced to a restricted license with geographic restrictions, you can petition the court to get an IID instead of dealing with the time and geographic restrictions.

Ignition Interlock Device requirements

The court may authorize an IID for the duration of a restricted license for a person who has been convicted of DUI, and for six months to a year after the license revocation has ended. The license suspension periods for DUI offenses are:

• One year for the first offense
• Two years for the second offense
• Six years for the third offense
• Eight years for the fourth or subsequent offense

If you receive two DUI convictions in five years, the judge may order you to have an IID installed for six months after your license is reinstated at your own expense.

Penalties for tampering with an IID

Any attempts to tamper with an Ignition Interlock Device, or knowingly provide a motor vehicle not equipped with a functioning IID for an individual who is prohibited from operating a motor vehicle that is not equipped with an IID is a misdemeanor. The possible penalties include fines and jail time of between 48 hours and seven consecutive days. TN Code § 55-10-417 (2014)

There are a few circumstances under which the authorization of an Ignition Interlock Device is mandated by statute. If you have been charged with DUI and you might be facing the prospect of an IID for your vehicle, contact one of our competent, Franklin DUI attorneys from the Law Offices of Adrian H. Altshuler & Associates who will review your case and advise you of your rights and your options. Contact us today and schedule a consultation.