Ignition Interlock Device: Part 2

Ignition Interlock Device: Part 2

As I discussed in my previous post, Alabama has now passed an ignition interlock device law.  It was also discussed which violations would warrant the installation of an ignition interlock device.  For those drivers who are ordered to have an ignition interlock device installed, the next consideration should be how much the device will cost initially and the cost of the continued operation of the ignition interlock device.

Initially individuals who have to install an ignition interlock device will have to pay the sentencing court $75 per month.  This $75 fee will be paid for the first four months while their driver’s license is suspended.  After this initial fee, drivers will have to pay a third party ignition interlock device provider different fees.  The different fees will be for the purchase/lease of a device, installation, and calibration of the ignition interlock device.  The priciest portion of these fees will likely be for the provider to calibrate the device.  Under the new law, all ignition interlock devices must be calibrated on a monthly basis.

Unfortunately the amount of these fees is unknown.  Under the law, the Department of Forensic Sciences has been tasked with establishing rules and determining which providers may install devices.  At this time, the Department of Forensic Sciences has not finalized the rules or determined which providers will be eligible to install devices.

The new law also opens drivers and other individuals up to new criminal liability.  Once a driver is ordered to install a device, they cannot operate a motor vehicle without the device being installed.  This means that a driver cannot borrow, rent, lease, or operate a motor vehicle without a functioning ignition interlock device being installed.  This law was codified in 32-5A-191.4(h)-(i).  Any individual that attempts to provide a clean breath sample may also be prosecuted criminally under 32-5A-191.4(j)-(k).  If a driver or another individual were convicted of these offenses, they can be sentenced to six months in jail and/or a $500 fine.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.