Ignition Interlock Device Violations in Massachusetts

If you violate the conditions of the Ignition Interlock Device ordered to you by the court, you should know that you may be facing harsh penalties. An Ignition Interlock Device, or IID, is a breath-alcohol monitoring device that is installed in your vehicle for a variety of reasons.

A common issue is that many think they can use a family members’ car, that does not have a court-ordered IID, and that doing so is legal. However, the key to this issue is that the IID must be utilized in every vehicle you either:

  1. Own
  2. Lease, or
  3. Operate

Part of your responsibility, as a driver with a IID, is that you are required to follow all rules and regulations that come with a court-ordered IID. Legally, you are not allowed to tamper with the device in any way and are not allowed to find a way around using the vehicle without having to blow into the device. The bottom line is that there are consequences should you violate these conditions.

What exactly is considered a violation of my Ignition Interlock Device?

  1. Driving a vehicle without an Ignition Interlock Device: When the court orders that you have a IID, they actually apply this condition to your license. As mentioned, this applies to ANY vehicle you operate. You could lose your license for 10 years.
  2. Tamper with or Remove the IID: If you are found to have done so, a hearing at the RMV will be scheduled. This results in a 10-year license loss.

A rolling re-test is a randomly administered test that you are required to take after you have been driving your vehicle for a certain amount of time; the machine will beep and you will be required to take the test within 5 minutes (this gives you time to safely pull over before doing so). If you miss 2 rolling re-tests, or if you fail a rolling re-test twice and you blow a BAC between above .02, you will receive a 10-year license suspension if the registry finds you to be responsible.

How does the District Attorney Prove that I drove without my Ignition Interlock Device?

There are three elements that the District Attorney must prove, beyond a reasonable doubt, to find you guilty of driving without your IID.

  • The first, is that you drove your car on a public way.
  • Secondly, that the motor vehicle you were operating was NOT equipped with a certified & properly functioning IID.
  • Lastly, that you did so while your license had the conditions applied that you are only to drive a car that has the IID properly installed.
What penalties do I face if I was found guilty of driving without my Ignition Interlock Device?

If convicted, you may face a prison sentence; the sentence could be anywhere from 2.5 years up to 5 years behind bars.

If sentenced to the House of Correction, you could be facing fines ranging from $1,000.00 up to $15,000.00 and a jail sentence of 180 days ranging up to 2.5 years. There is a requirement that you serve a MINIMUM of 150 days before becoming eligible for probation or for other court remedies.

how an ignition interlock device works
Can DelSignore Law Help me to Better Understand some of these issues surrounding my Ignition Interlock Device?

At DelSignore Law, we pride ourselves on making sure our clients are well prepared and informed for any upcoming court dates, and we do our best to make sure you understand any charges you are facing along with any potential consequences if you are found guilty.

Contact DelSignore Law today. We offer free over-the-phone consultations and can gladly give you more information about your IID and defenses that may be available to your case.

If you were charged with an OUI first offense and are wondering whether or not you will need to get an IID installed, visit our website here to learn more.

If you are facing any criminal charge, feel free to view some of our case results on our educational website here.

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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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