Most people don’t give much thought to ignition interlock devices in Rhode Island… Until they’re required to install one. When this happens, you’re likely to have a lot of questions about the entire process.
Rhode Island criminal defense attorney S. Joshua Macktaz has 30 years of successful experience representing clients facing DUI and breathalyzer refusal charges. As a result, he’s seen and heard it all when it comes to ignition interlock devices in Rhode Island.
Below, you’ll find answers to the most common—and most pressing—questions regarding these devices. If you or a loved one have further questions about an ignition interlock device, call S. Joshua Macktaz now at (401) 861-1155 for a free consultation.
What is an Ignition Interlock Device (IID) in Rhode Island?
An ignition interlock device (IID) in Rhode Island is a device created to prevent individuals from operating motor vehicles while intoxicated or under the influence of alcohol. Essentially, it’s a breathalyzer tied to your vehicle’s ignition system.
When you’re convicted of a DUI and/or chemical test refusal, you may be sentenced to installing an IID in your vehicle for a set amount of time.
Once installed, you (and anyone else who drives the vehicle) will be required to provide a breath sample when starting the vehicle. Ignition interlock devices in Rhode Island also have the ability to randomly test. This means at any point while the vehicle is running, the IID may require you to provide another breath sample.
The legal limit for your blood alcohol concentration (BAC) while driving is usually .08%. But anytime you blow into the IID, your BAC must be below .025%.
If you blow above that limit at any point, the IID can do several things, such as automatically report the failed test and prevent you from starting the vehicle.
What is an Ignition Interlock License?
An ignition interlock license in Rhode Island is a limited-privilege license that’s typically part of a sentence for DUI and/or chemical test refusal charges. Unlike a typical hardship license, which is valid for 12 continuous hours per day, an ignition interlock license allows you to drive anytime, on any day.
But you’ll always have to pass a breath test via the IID to start the vehicle when you have an ignition interlock license.
This license will last for as long as you have the IID. This might be just a few months or several years, depending on the conditions of your sentence. To get this license, you’ll need to appear before the Rhode Island DMV with:
- Proof of IID installation from a certified installer
- Proof of insurance
- The court order regarding the IID
- $100 to pay the ignition interlock fee
- $352.50 to reinstate your driver’s license
- $27.50 to update your driver’s license
- $350 to pay for your alcohol education program (if required)
What are the Requirements for Installing an IID in Rhode Island?
The requirements for installing an IID in Rhode Island are:
- The device must be installed by a company certified to install IIDs in Rhode Island
- You must own the vehicle or bring the vehicle’s owner with you to the installation appointment
- Bring a photo ID, vehicle registration, and current utility bill with your address and name to the installation appointment
- Provide payment for the installation and some portion of the lease (the exact amount varies between companies)
But keep in mind that every company certified to install ignition interlock devices in Rhode Island has its own policies. The company you choose may require additional—or slightly different—documentation than listed above.
Before your installation appointment, familiarize yourself with everything you need by checking the company’s website or calling them.
How Long Do I Have to Use an Ignition Interlock Device After a DUI Conviction in Rhode Island?
Per R.I. Gen. Laws § 31-27-2, how long you’ll have to use an ignition interlock device after a DUI conviction in Rhode Island depends on your offense:
- First offense – Three months to one year
- Second offense – Six months to two years
- Third offense – One to four years
- Third offense within five years – Two to 10 years
How Much Does It Cost to Install and Maintain an IID in Rhode Island?
The costs to install and maintain an IID in Rhode Island include:
- $100 fee paid to the Rhode Island DMV for the IID
- $27.50 fee paid to the Rhode Island DMV for updating your driver’s license
- Between $70-$150 for installation costs
- Between $60-$100 per month for maintenance costs
Two other common costs related to IIDs are $350 for an alcohol education program if you’re required to attend, and $352.50 to reinstate your license once your sentence is completed. So, the cost of installing and maintaining ignition interlock devices in Rhode Island can vary quite a bit.
You could pay around $730 total if you only have the IID for three months and don’t attend an alcohol education program. You could pay up to around $6,000 if you have the IID for four years and are required to attend an alcohol education program.
The costs continue to climb the longer you’re required to have the IID since you lease the IID on a monthly basis.
What Happens if I Fail a Breath Test on the IID in Rhode Island?
If you fail a breath test on the IID in Rhode Island, your device will go into a temporary lockout mode. You’ll have to bring it in for service as a result. Additionally, a violation report will be sent to both the Rhode Island Division of Motor Vehicles and your probation officer.
The DMV and your probation officer can then impose penalties like hefty fines. Plus, if abstaining from alcohol is part of your probation, your probation can be revoked.
Lastly, these consequences occur regardless of the conditions of the breath test. Whether the test occurs when you first start the vehicle or while the vehicle is already running, the lockout mode will activate upon failure.
What Happens if I Try to Tamper with or Try to Bypass the IID in Rhode Island?
If you try to tamper with or bypass the IID in Rhode Island, your IID’s servicer will be automatically notified—and they’ll immediately alert both the DMV and your probation officer.
Just like with a failed breath test, you can face serious consequences as a result. But that’s not all. You can also be charged with a misdemeanor, punishable by a $1,000 fine, up to one year in jail, or both.
If you have electrical or automotive knowledge, you may feel especially tempted to tinker with your IID. That’s why the state of RI defines “tamper” as “a conscious, overt attempt to disable or otherwise disconnect the IID from its power source, thereby allowing a person to start the engine or continue operating a motor vehicle without a passed test.”
And before you ask, yes, it’s also illegal to simply have someone else take the breath test for you.
Basically, it doesn’t matter what method you use or what reasoning you have for tampering with or bypassing your IID. Regardless of these details, it’s illegal to tamper with ignition interlock devices in Rhode Island.
What are the Consequences of Violating IID Requirements in Rhode Island?
The consequences of violating the IID requirements in Rhode Island can include:
- Facing new misdemeanor charges, and potential jail time
- Having your probation revoked
- Locking you out of starting your vehicle until you take the IID in for service
- Revoking your IID license or hardship license, leaving you unable to drive
- Liability for damages caused to the IID and paying for repairs
- Hefty fines from the court and the RI DMV
It’s no secret that life with an IID can be frustrating. Suddenly, you have to carve out extra time for maintenance appointments, you can’t drive other cars, and you may even have set hours you’re allowed to drive daily.
As a Rhode Island DUI defense attorney with 30 years of experience, S. Joshua Macktaz has successfully defended hundreds of clients facing IID installation. There’s nothing he hasn’t seen or heard when it comes to ignition interlock devices in Rhode Island.
For a free consultation, including a detailed explanation of what you’re about to go through, contact S. Joshua Macktaz now at (401) 861-1155.
