Drivers accused of operating while intoxicated (OWI) offenses face a number of significant penalties. If a driver pleads guilty or gets convicted at trial, the courts can sentence them to incarceration and order them to pay fines, as well as court costs.
It is also standard practice in many cases to suspend the driver’s license of an individual convicted of an OWI offense. Losing a license can be an expensive and embarrassing setback. In some circumstances, the defendant facing OWI charges may also have to install an ignition interlock device (IID) in their vehicle before they can regain their full driving privileges.
IIDs can be expensive and embarrassing. The motorist often has to pay for the installation of the device in any vehicle they drive. They have to pay for regular device maintenance and calibration as well. When do the courts typically order defendants to install IIDs after an OWI conviction?
Special circumstances must apply
IID installation is not a universal penalty after an OWI conviction. Instead, it is only a requirement in certain circumstances. Typically, first-time OWI defendants do not need to worry about installing an IID if their situation does not involve aggravating factors.
However, there are some exceptions to that rule. When the driver had a particularly high blood alcohol concentration (BAC), the courts might order them to install an IID after they complete their driver’s license suspension. A motorist convicted of a first OWI involving a BAC of 0.15% or higher may need to install an IID or participate in a 24/7 sobriety program for a year. Drivers may also face enhanced penalties if there were minor children in the vehicle at the time of their arrest.
Otherwise, IID installation is typically only required in cases where the defendant has a prior OWI conviction on their record. A driver facing a second OWI may have to install an IID in their vehicle for a year. If they injured someone else or the second OWI is within 10 years of the first offense, the IID requirement may last for up to 18 months. Third or subsequent offenses may lead to up to three years of IID requirements.
Learning more about OWI penalties may inspire people to respond more assertively to their pending charges. The possibility of losing driving privileges and needing to pay for an IID might help motivate an individual to defend themselves against their charges.