Last year, the Kentucky General Assembly passed a law authorizing the use of Ignition Interlock Devices as an alternative to license suspension for DUI cases. The law is very particular about who is eligible, how long you must have it on your vehicle, and what the process is to obtain it.
Our attorneys at BRR know the law and will do everything in our power to use it to your advantage. The following is a brief summary of the ignition interlock law and how it affects you.
What is it?
The ignition interlock device is a machine that is professionally installed into your vehicle that requires the driver to blow into the device before starting the vehicle. In addition to blowing into the device prior to starting the vehicle, the driver must also blow into the device every 10-15 minutes while on the road.
Who is eligible?
Individuals who have been charged with DUI 1st offense with an aggravating circumstance are eligible.
However, individuals charged with DUI 1st with no aggravating circumstance present are NOT eligible.
Individuals charged with DUI 2nd and 3rd offense are also eligible.
List of aggravating circumstances:
- Over 30 mph over speed limit
- Wrong way on limited access highway
- Causes accident resulting in death or serious physical injury
- Alcohol level of .15 or more within 2 hours after operating
- Refusal to submit to testing
- Transporting passengers under 12 years of age
When can you apply?
Individuals can apply for authorization as early as the Arraignment hearing or at the time of conviction. This is important because if you are charged with a DUI 1st, aggravated, or DUI 2nd, or 3rd offense, the County Attorney may ask the Judge to pre-trial suspend your license. This law is a game changer to allow individuals that need a license to provide for their families the opportunity to continue driving while fighting your case.
If you’re charged with an ignition interlock eligible crime, what do you need before getting the Court’s approval?
- Valid Motor Vehicle Insurance
- Valid Vehicle Registration (if you want to install the ignition interlock device on a vehicle that is not registered in your name, you’ll need written approval from the named person on the registration)
- Proof of enrollment in Alcohol Driver Education classes
- Motion for Authorization and Proposed Order
- In some counties, prior approval from the county attorney is recommended
Once you’ve been authorized, what’s the process?
Once the judge has authorized your application for an ignition interlock device, you’ll need to take that order and supporting documents to your local DMV. There is a $105 application fee. You’ll need to fill out more documentation at the DMV and they will send your materials to the Department of Transportation in Frankfort.
Once DOT grants authorization, you’ll be given a list of authorized providers to choose from that install the ignition interlock devices.
Next, you’ll need to take the vehicle to the provider for installation. Unless the Court specifically makes a finding of indigence on the Order, you’ll be required to pay an installation fee, monthly fee, and removal fee for the ignition interlock device.
When the device has been installed on your vehicle, you’ll need to go back to the DMV to get your Ignition Interlock License. This license looks very similar to a regular motor vehicle license.
Once you’ve received your ignition interlock license, there is only one restriction on your driving ability: you must only drive the vehicle that has the device installed on it (except for the Employer Vehicle Exception which is a separate application).