SO, WHAT IS THIS IGNITION INTERLOCK DEVICE THING?

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ignition lock

If you are convicted of a Driving While Intoxicated (DWI) offense in New Hampshire, one of the penalties you may face (in addition to fines, loss of license or privilege to drive in the State of New Hampshire, referral to an Impaired Driver Care Management Program (IDCMP), and possible jail time) is the requirement to install an Ignition Interlock Device (IID) in any vehicle registered to you or used by you on a regular basis. The IID will be installed for a period of time from one (1) to 2 (two) years. The cost of installation and maintenance of the IID is yours to pay.

An IID is a device that connects your motor vehicle’s ignition system to a breath tester. The breath tester measures the concentration of alcohol in your breath, and the IID prevents your vehicle from starting unless you provide a breath sample below the device’s preset level (.02). Additionally, the IID keeps a record of failures to take or pass the test. What this means is if someone you know breathes into the device just to test his or her Breath Alcohol Concentration (BAC), you could get in trouble. Importantly, if the current technology does not allow for safe operation of a vehicle when equipped with an IID, a disabling device may have to be placed on that vehicle. This means you will not be able to drive the vehicle at all—even when you have your license back (motorcycle riders beware!).

Convictions that will result in the requirement of installation of an IID include the following;

 1. Aggravated DWI (aggravating factors include: driving or operating at a speed more than 30 mph above the limit; causing a collision that results in serious bodily injury; attempting to elude pursuit by law enforcement by a) increasing speed, b) extinguishing headlights, or c) abandoning a vehicle, while being pursued; carrying a passenger under the age of 16; or having an alcohol concentration (blood or breath) of .16 or higher);

 2. Driving while under suspension or revocation resulting from DWI;

 3. A subsequent DWI offense (a finding of guilt on a complaint alleging one or more prior DWI convictions under NH law, or a similar out-of-state offense, within 10 years preceding the date of the second or subsequent offense).

 

The Court may also impose the requirement of installation of an IID in other DWI/DUI related offense, including for drivers under the age of 21. For driver’s under 21, the IID would be installed for 12 months or until the driver reaches the age of 21, whichever is longer.

Additionally, pursuant to New Hampshire Revised Statute Annotated (RSA) 265-A: 36-a, the New Hampshire Department of Safety has the ability to require the installation of an IID prior to license/driving privilege restoration “upon a finding that the safety of the person and of other users of the highways would be enhanced” by installing and IID. This standard favors the requirement of installing an IID.

Circumvention of an IID is a class A misdemeanor. Basically any method of driving or attempting to drive without properly using the IID can result in charges for the original offender. Additionally, if you a) knowingly provide a car without an IID to someone ordered to have an IID, b) blow into the breath tester to start the car for someone who is restricted to driving a car equipped with an IID, or c) otherwise conspire with or attempt to someone with an IID restriction to get around the order or disable the IID, you may face class A misdemeanor charges. If you are found guilty, you will be fined at least $500. The person subject to the IID order will have the period of required IID installation extended for 2 years.

By the way, IID restrictions can also apply to off highway recreational vehicles (OHRVs), snowmobiles, and boats. 

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.