Do you have to get an interlock if you are convicted of drunk driving? 59 Answers as of February 22, 2012

Do you have to get an interlock if you are convicted of drunk driving? If so, when did they enact this law here?

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Night Life Lawyers
Night Life Lawyers | Joshua Aldabbagh
Although it is rare, the court may require one, usually if the person is forced to undergo an evaluation for alcohol dependance and scores poorly.
Answer Applies to: Nevada
Replied: 8/8/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Yes, it's a very recent law as of just a few months.
Answer Applies to: New York
Replied: 7/31/2011
Castleberry & Elison
Castleberry & Elison | Peter Castleberry
Under Oregon law, a person convicted of DUII will have his license suspended (1 year for a first time conviction). Once your license is suspended, you may be able to get a hardship permit. However, you are required to install an interlock device prior to obtaining a hardship permit. When your suspension ends, you still have to have an interlock device for one year.
Answer Applies to: Oregon
Replied: 7/29/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Under certain circumstances you have to get an interlock. Ask your legislator why they keep tinkering with the DUI laws. It is getting beyond silly.
Answer Applies to: Michigan
Replied: 7/29/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The short answer is - only if the Court orders it. If you lose your license and seek it back from the SOS, then it could be required by the SOS. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 7/29/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    It is up to the judge to decide whether interlock device is required in specific cases.
    Answer Applies to: New York
    Replied: 7/28/2011
    The Law Offices of Jason Pollack, Esq.
    The Law Offices of Jason Pollack, Esq. | Jason Pollack
    If you are found guilty on a first offense DUI charge interlock device is mandatory for a reading of .15 and above, DUIs from drugs and refusals. On a reading below .15 it is discretionary for the Judge. 2nd, 3rd and subsequent offense DUI's are mandatory.
    Answer Applies to: New Jersey
    Replied: 7/28/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If it is your first time DUI, you breath the was under .15 and you have no alcohol problem, then you probably will not have to have one, however, it is within the discretion of the judge. If you have had multiple DUI, or your breath test was .15 or greater, or you have an alcohol / drug problem then most definitely you will. This has been the case you at least 5 years.
    Answer Applies to: Washington
    Replied: 7/28/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The interlock is used after you have had several convictions or are charged with a felony DWI. It is very expensive to install, but most judges do not require it for a first offense or even a second misdemeanor.
    Answer Applies to: New York
    Replied: 7/27/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    There is a new program with the DMV that has been implemented in certain counties in California within the last year which requires people to install an IID device in their vehicle upon conviction of your first DUI. Previously courts would require it but this new program is run entirely through the DMV and is a condition of re-issuance of a license. There are monthly fees associated with this device and procedures you must go through if you do not own the vehicle any more.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    All DUI convictions charged after July 1, 2011 will involve a mandatory period of ignition interlock. If a DUI was charged prior to July 1, then only a first time offender would not have ignition interlock mandated.
    Answer Applies to: Kansas
    Replied: 7/27/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The judge has discretion to order one and a second offense or greater will.
    Answer Applies to: California
    Replied: 7/27/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    The Court may order an interlock device as a term of your probation. It is not mandatory, however.
    Answer Applies to: Idaho
    Replied: 7/27/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    If convicted of DWI, but not of the lesser and included DWAI you will have to get an interlock. This is why it is so critical to retain counsel such as myself who is conversant in NY DWI defense.
    Answer Applies to: New York
    Replied: 7/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    First offense OWI does not require an interlock unless it becomes a term and condition of probation. If you are convicted under Michigan's Super Drunk Law, after the initial 45 day total suspension of your license, to have a restricted license you will need to have an interlock. The super drunk law applies to anyone with a blood alcohol content of 0.17 or greater regardless if it is the first offense.
    Answer Applies to: Michigan
    Replied: 7/27/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Getting an interlock device on your car can be due to an ADLRO proceeding, which is different from the criminal conviction. You should hire an attorney that will fight at both the ADLRO proceeding and the criminal charge. The interlock law went into effect in 2011.
    Answer Applies to: Hawaii
    Replied: 7/27/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends. On a first time DUI in Orange County, they court will likely not impose an IID. However, I have had clients who have to get IIDs for their first DUI conviction in Los Angeles County. This can either be imposed by the Court or the DMV.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If it is a first DUI, it depends on which county you were arrested in. Certain counties (like Los Angeles) require IID on a first offense.
    Answer Applies to: California
    Replied: 7/27/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Technically you don't even need to be convicted. The arresting officer should have given you a form to fill out and send to the Department of Licensing (DOL). If you do nothing, your license will be suspended and you will be required to install the interlock on your vehicle. That requirement is a minimum of one year unless your breath-alcohol level was .15 or over. Then it would be a two-year requirement. Whether you are convicted or not, if you don't ask for the DOL hearing, your license will be suspended and you will have to jump through additional hoops to get your license back. If you win the DOL hearing AND get your DUI reduced or dismissed, or are acquitted after trial, you will not have to do any of these things but you must win the DOL hearing. My advice to every DUI client is to get an alcohol assessment ASAP. The results of the assessment will dictate whether you have a 1-day alcohol information class or two or more years of treatment. If you are found to need treatment, you may petition the court for what is called a "Deferred Prosecution." The way it works is you waive your speedy trial rights and any meaningful right to trial. If you comply, finish treatment and stay law-abiding for a total of five years, the case would be dismissed. Should you fail to complete the deferred prosecution, the court would read the police reports and decide your guilt or innocence based on the reports. There would be a pro forma trial but the judge makes the call and I have never seen a judge acquit someone of DUI based on the police reports. It's been twenty two years since I first stepped into court and I've never seen it either as a prosecutor or defender so messing up in this context is a bad thing. If you have an up-coming court date you should hire a DUI defense lawyer if you can afford one. If not, the court will appoint one for you but you will have to be assertive.
    Answer Applies to: Washington
    Replied: 7/27/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    The requirement for the Ignition Interlock Device (IID) for DUI is only if you want to get a restricted license. On a first DUI, you are supposed to put the IID in after 1 month of hard suspension and use it for 5 months. On a second DUI, you can get an IID after 90 days hard suspension.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    For a first offense it's up to the judge. Very rare that they order it. On a second offense you need to install one in order to avoid a 1 year suspension.
    Answer Applies to: California
    Replied: 7/27/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    In certain counties it is mandatory.
    Answer Applies to: California
    Replied: 2/22/2012
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    You do to have your drivers' license reinstated.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The interlock is always at the disrection at the judge. It is never mandatory even for third offense felonies. However, there discretionary vehicle immobilization on the first offense and mandatory vehicle immobilization for second and third offenses. That means the judge could make you immobilize the car or even get rid of it.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Yes. I believe it went into effect
    Answer Applies to: Washington
    Replied: 7/27/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    In the last couple of years the Florida Statutes 322.2715(3) effective date 10/01/08 added in under a second or more DUI convictions or a first DUI with a Blood Alcohol Content (Breath Test or Blood) over .15 the requirement that you must install an "ignition interlock" device.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In most counties for a first offense you do not need to install an interlock device. However, in a few counties they have passed a new law and one of those counties is Los Angeles County where even for a first offense the court is required to have a person install the IID on their car.
    Answer Applies to: California
    Replied: 7/27/2011
    Mandarano, Cavaletto & Associates
    Mandarano, Cavaletto & Associates | Christopher Mandarano
    This is not generally required for a first-time DUI conviction. If this is a second conviction (or third, etc), it may very well form a part of the sentence.
    Answer Applies to: California
    Replied: 7/26/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Not for the 1st offense.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Whether or not you must get an interlock depends on several factors including whether or not you were in an accident, whether you blew a "high" test, whether you have priors, etc. The law regarding DWI requirements has changed several times over the years.
    Answer Applies to: Texas
    Replied: 7/26/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    If your blood alcohol content (BAC) was 0.15 or higher then yes, it's mandatory by state law. Lower BAD then optional(up to judge). It costs money and must be on any car your drive. Some probation (ASAP) offices want it on every vehicle registered to you.
    Answer Applies to: Virginia
    Replied: 7/26/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    The ignition interlock requirement has been in place in some form since July 27, 2003. The law and rules have changed many times since then and the duration of the requirement varies according to what type of DUI the person was convicted of, its severity and the number of prior similar convictions.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    No. In a first offense the requirements involve a victim impact panel, fine of approximately, $600.00 and DUI school and 48 hours community service.
    Answer Applies to: Nevada
    Replied: 7/26/2011
    The Law Firm of Steven K. Franger
    The Law Firm of Steven K. Franger | Steven Franger
    You will be required to have an Ignition Interlock device if: Driving Under the Influence - 1st Per Se or DUI conviction - For violations on or after 1/1/09 and approved for early reinstatement after serving 30 days - 8 month Interlock requirement - 1st Per Se with a blood alcohol content of .17 or greater - 2 year Interlock requirement (all stops after 1/1/07) - 2nd Per Se (lifetime) or DUI conviction in 5 years - 2 year Interlock requirement - 3rd + Per Se or DUI in lifetime - 2 year Interlock requirement - Designated a Habitual Traffic Offender with one alcohol related driving offense after 7/1/00 - 4 year Interlock requirement after serving 1 year and approved for early reinstatement. Refusal- 2nd offense - 1 year interlock requirement after serving 1 year revocation and approved for early reinstatement - 3rd + offense - 2 year interlock requirement after serving 1 year revocation and approved for early reinstatement Drivers who fall into these categories will be allowed to reinstate only with a restricted license that limits their driving to vehicles with an approved Ignition Interlock device.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Effective July 1, 2010, anyone convicted of a DUI by VC 23152 or VC 23153 in one of the following counties; Counties of Alameda, Los Angeles, Sacramento, and Tulare, is mandated by the DMV to Install an IID device on each car they own for a time frame which varies depending on whether this is a 1st offense DUI, 2nd Offense DUI, 3rd Offense DUI, etc. During the IID restriction period, the person affected by this pilot program can NOT legally drive a car unless that car is fitted with a certified IID device. If you are outside of those counties, the Judge can still order an Interlock Device as well, but that does not happen in every DUI case.
    Answer Applies to: California
    Replied: 7/26/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    No, not for all defendants, not for all cases. However, if your BAC was 0.20, or higher, you can expect it in my county.
    Answer Applies to: California
    Replied: 7/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If that is made part of your court sentencing and probation order. Not every judge and DA requires it.
    Answer Applies to: California
    Replied: 7/26/2011
    Law Office of Kyle T. Green, PLLC
    Law Office of Kyle T. Green, PLLC | Kyle T. Green
    Yes. An ignition interlock device is required by the department of motor vehicles when someone is convicted of a DUI.
    Answer Applies to: Arizona
    Replied: 7/26/2011
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    Only if it is a second offense and only if you want to operate your vehicle on a restricted license during the time the DMV suspends your license if a second time DUI. This was enacted about 1 -2 years ago. It is a DMV requirement if you want to drive while your license is suspended.
    Answer Applies to: California
    Replied: 7/26/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Strictly speaking, you do not have to get an interlock. But, if you want to drive, and drive sooner, you must get an interlock in many situations. If you do not own a car, you can file an affidavit with the DMV indicating such and promising not to drive a car without an interlock until you have a full license again. Also, there are qualifiers to when an interlock is required by DMV, based on number of convictions, BAC level, etc. For example, on a first DWAI with a BAC below .08, there is no interlock requirement. The interlock came to Colorado several years ago and was generally phased in as a requirement. I suspect it will be used more and more often in the future.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    Yes. 1 year if its your first time, 5 years if its your second time, and 10 years if third time.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Dichter Law Office, PLLC
    Dichter Law Office, PLLC | Jonathan Dichter
    Yes. Anyone convicted of DUI must have an interlock for at least one year. I believe this was part of the 2009 amendment. Although now even some DUIs that are reduced can require interlock.
    Answer Applies to: Washington
    Replied: 7/26/2011
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