Will the Driver Be Required by the Driver’s License Division to Install an Ignition Interlock Device on Their Vehicle?

Interviewer: Can the driver’s license division make an individual install an ignition interlock device if they receive a DUI charge?

Matthew Nebeker: Yes. Their laws say, “If someone is convicted of a DUI, it doesn’t matter whether it is first or second offense, they will have to install an ignition interlock device.”  That’s different from what the judge imposes. If the person’s convicted of DUI, the judge wouldn’t necessarily order that in some cases, but the driver’s license division mandates it.

Not Complying with the Mandate Can Result in an Additional Year of License Suspension

A lot of people get caught in that trap. They say, “Well, the judge never ordered the ignition interlock device.” But they didn’t know that the DUI conviction triggered a requirement by the driver’s license division to have the ignition interlock device. That is a whole separate offense in its self, not having an ignition interlock device installed in your car, which can trigger another year’s suspension of your license.

A Refusal to Undergo a Chemical Test Will Also Result in the Driver’s License Division Imposing the Mandatory Ignition Interlock Device Installation

The second offense that results in the mandatory interlock installation is a refusal. If you are asked to submit to a chemical test and you refuse to submit, and the driver’s license division holds their hearing and they find that the officer was justified, and that in fact you did refuse, they will suspend your license for 18 months.

They will also require that you install an ignition interlock device for a period of three years. They’ll have that requirement mandated before you even get through the court process.

A court process sometimes can take 6 months to a year, and they’ll already have the ignition interlock requirement because of the refusal based on the driver’s license division’s action.

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