Ignition Interlock Devices in Massachusetts DUI Cases

A DUI conviction or license suspension in Massachusetts may result in a court order of an ignition interlock device (IID) to be installed in your vehicle as part of your probation. Whether a device will be required depends on the circumstances of your case and the nature of your charges.

In Massachussetts, the Ignition Interlock law requires offenders to install an Ignition Interlock Device (IID) on all vehicles that the offender owns, leases, or operates for a period of 2 years. Each offender ordered to install the IID must provide proof of installation to the court and the proper authorities overseeing the probation. The DUI/OUI offender is responsible for paying the cost of installation of the device as well as the monthly payments.

The IID will be installed on the vehicle and will remain there for the entire time it is required. Any person who wishes to operate the vehicle must use the device in order to start it. Random breath samples are required periodically while the car is in motion to prevent a sober friend from starting the vehicle. Failure to provide a sample or a sample over BAC of .02 or higher will result in the sounding of alarms. Time will be given to allow the driver enough time to safely maneuver off the roadway to blow into the device before the alarm will sound. IID's are designed to prevent any tampering. Attempts to tamper or circumvent the device will result in imposition of further penalties. If an offender attempts to remove the IID or fails to have it inspected or monitored at least 2 times during the requisite period of installation, a hearing may be held in which the offender may face losing his license for an extended period or life. Providing a sample over .02 more than 2 times will also result in further penalties.

For more information on ignition interlock devices and how they may affect your case, contact an experienced attorney in your area.

The Massachusetts DUI Ignition Interlock Device Statue

PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XIV. PUBLIC WAYS AND WORKS

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

MOTOR VEHICLES

Chapter 90: Section 241/2. Ignition interlock device license restriction; revocation of license for failure to install or maintain device; revocation of license for attempt to operate motor vehicle with elevated blood alcohol level

Section 241/2. No person whose license has been suspended in the commonwealth or any other jurisdiction by reason of: an assignment to an alcohol or controlled substance education, treatment or rehabilitation program; or a conviction for violating paragraph (a) of subdivision (1) of section 24, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L, section 13 1/2 of chapter 265, subsection (a) of section 8 of chapter 90B, section 8A or 8B of chapter 90B or, in the case of another jurisdiction, for any like offense, shall be issued a new license or right to operate or have his license or right to operate restored if he has previously been so assigned or convicted, unless a certified ignition interlock device has been installed on each vehicle owned, each vehicle leased and each vehicle operated by that person as a precondition to the issuance of a new license or right to operate or the restoration of such personís license or right to operate. A certified ignition interlock device shall be installed on all vehicles owned, leased and operated by the licensee for a period of 2 years and person restricted by a certified ignition interlock device shall have such device inspected, maintained and monitored in accordance with such regulations as the registrar shall promulgate. The registrar may, after hearing, revoke for an extended period or for life, the license of whoever removes such device or fails to have it inspected, maintained or monitored on at least 2 occasions during the period of the restricted license or right to operate if the licensee has operated or attempted to operate a vehicle with a blood alcohol level that caused the certified ignition interlock device to prohibit a vehicle from starting on at least 2 occasions or that recorded a blood alcohol level in excess of.02 on at least 2 occasions. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the suspension or revocation of a license or right to operate or reduce the period of suspension or revocation as ordered by the registrar.