Ignition interlock programs are at the intersection of criminal sentencing, administrative license suspension (ALS) and private vendors. As such, the bulk of difficulties experienced by participants with interlock installation and monitoring are caused by the fact that three parties are responsible for various parts of the case and none has complete control over all of the file. Knowing the sequence of events, reporting requirements and points where non-compliance can occur without warning allows attorneys, case managers and program monitors to intervene before violation(s) result in additional time.
Enrollment and the order that actually controls
Next, you need to know whether the interlock was imposed by the court or the licensing agency. Typically, the court imposes an interlock as a condition of probation or as a requirement to obtain a restricted driving privilege. Conversely, the licensing agency can require an interlock as a condition of reinstatement of license to drive. Not only are the time periods different, but so too are the consequences of certain interlock violations. The participant is required to serve the longest period of time and report to both entities. As such, removal of an interlock by the court does not automatically end the suspension by the agency.
Finding out whether time will be credited while the interlock device is in the participant’s car and after it is removed usually occurs at the time of enrollment. Typically proof of insurance must be filed, and reinstatement fees paid to the Department of Motor Vehicles. Issuance of a restricted license or interlock restricted endorsement must also occur. Some states only credit time toward the term of the interlock after the restricted license has been issued, not from the time the device is installed and monitoring of the participant begins to occur.
Indigency and employer exemptions
Typically, programs also have reduced-fee monitoring for participants that fall below a certain income level and are funded either through the state assistance agency or through the vendor’s obligation. Exemptions from employer imposed installations for company owned vehicles that are used in the scope of employment of the participant and where the employer would agree in writing to such an exemption to monitoring for the participant, are sometimes available. Such exemptions are not typically automatic.
Installation and calibration standards
Most programs are installed within a certain amount of time from the order for it, at a certified service center. The installation of the device includes wiring of the monitoring device to the ignition system of the vehicle and the calibration of the device to a certified dry gas or wet bath standard. The technician who installs the device will also give the client a training session on how to use the device, including the start test, the rolling retest and how the device will lock up the vehicle in certain situations.
Know what data the device is collecting and storing for samples, events, and circumstances. That data will include the time and date stamp for every breath test sample result, start and end events for ignition events, power interruption information and tamper indicators for attempted circumvention, and even a photograph of the interlock user for identity verification in many jurisdictions.
Monitoring, violations, and reporting triggers
The data is collected by the wireless modem in the breath test device and/or by downloading the information from the device at the vendor’s next service visit. This information is then screened by the vendor against the violations set forth by the State and a report sent to the State’s monitoring authority usually within a few business days. Because thresholds and reporting windows differ so widely, it is worth reviewing the rules for the state that governs the case, such as the Virginia DUI ignition interlock program, before advising a participant on what a given event will mean for them.
| Event type | Typical device response | Common reporting consequence |
| Initial test above the set point | Start prevented, short retry delay | Reportable if repeated or above a higher threshold |
| Missed rolling retest | Horn and lights alert until engine off | Usually reportable as a violation |
| Failed rolling retest | Alert plus permanent lockout countdown | Reportable, often triggers early service visit |
| Power disconnect or circumvention | Logged tamper event | Reportable, frequently extends the term |
| Missed scheduled service | Lockout at grace period expiry | Reportable non-compliance |
Contesting a reported result
If the ignition interlock detects positive readings for mouthwash samples, certain medications or even residual food alcohol, the issue will typically resolve itself through the retry protocol. Minutes later a clean sample will provide strong evidence. It is also wise to request a copy of the full data log as opposed to a summary, the calibration certificate for the time period in question and confirm whether or not the camera image actually includes the participant in question. The specific threshold(s), lockout(s) and time frame for an appeal will vary by state and must be verified against the current state-specific program information.
Servicing cycles and cost management
Second, the normal servicing of an interlock device is on a fixed time basis (e.g. Every 30 days) for download and recalibration of the device and printout of the participant’s compliance over time. Physical inspection of the device for tampering is also completed at time of service.
- Installation fee, charged once per vehicle
- Monthly lease and monitoring fee
- Per-visit calibration charge, sometimes bundled
- Lockout reset or emergency service call-out
- Removal fee at program end
Completion and removal
Be aware of how removal from the interlock works. In most states, removal more than a few days before the end of the required period is considered to be “circumvention” and subject to severe penalties. Build the date that the participant is authorized to apply for removal into your case calendar, not the date of removal itself.
- Vendor confirms the final compliance period is clean
- Monitoring authority issues written removal authorization
- Participant returns to a service center for de-installation
- Vendor files the final compliance report
- Participant applies for an unrestricted license
In most states, attempting to remove an ignition interlock device prior to obtaining an abandonment letter from the monitoring authority is considered Interlock Circumvention, a serious offense subject to additional penalties and sanctions. By inserting authorization for interlock removal into the participant’s case calendar, otherwise compliant participants are unable to lose “credit” for an entire term of required interlock service.
