Ignition Interlock FAQ

In North Carolina, there is an ignition interlock restriction for certain drivers, which requires them to blow into the ignition interlock device themselves. It is not allowed to have someone else blow into the device in order to cheat the system. Currently, no cameras are attached to the devices, but this technological advancement is expected to be implemented soon. The camera would take a picture while the driver is blowing into the device. Although there is no physical barrier preventing someone else from starting the car for the driver, if there is another person present who does not have alcohol on their breath, it would be logical to let them drive.

In this video, attorney Clarke Dummit explains the features and safety measures of the ignition interlock device. The device is designed to prevent cheating and ensure safe driving. It includes a random rolling retest feature that prompts the driver to pull over and blow into the device periodically. This is similar to blowing into a straw and typically allows a few minutes for the driver to safely comply. Additionally, when the ignition is turned off, the device may require a test to ensure the driver did not consume alcohol at the end of the trip. Taking these tests seriously and listening for the device’s prompts is important, as failure to respond can result in hearings and consequences. The ignition interlock device does not shut off the car while driving, but it will sound an audible alarm and attract attention if the driver fails to pull over and complete the retest. Refusing to comply with the device may lead to being pulled over by a police officer. The primary goal of the ignition interlock device is to promote safe driving.

Attorney Clarke Dummit provides insights into ignition interlock devices. If the device detects interference or alcohol, it records the information on its microchip. Every two months, the device needs to be downloaded by an interlock provider, and the data is transmitted to the North Carolina Division of Motor Vehicles (NCDMV). The DMV can typically take months to respond and sends a form letter notifying the driver of license revocation, allowing for a hearing if requested within 10 days. It is crucial to maintain an updated address with the DMV to receive these notifications and to contact an attorney promptly upon receiving a revocation letter.

If the interlock device registers a positive reading, it is recommended to stay with the vehicle. False positives can sometimes occur due to various factors, such as consuming certain foods or experiencing interference during the breath test. If a positive reading occurs, the driver should not give up, leave the vehicle, or go to work. Instead, they should remain with the vehicle and attempt to start it again after a five-minute lockout period. If another positive reading occurs, the lockout period may increase to 45 minutes. It is important to stay with the vehicle and continue blowing into the device to demonstrate that there was no alcohol.

However, if alcohol is present on the breath, there is no way to erase the device’s record, and it will be reported to the DMV. In such cases, the driver may face consequences. On the other hand, many clients claim that positive readings were due to interference or extremely low alcohol levels. Ignition interlock devices are safety devices rather than precise measuring instruments, and their calibrations may not be highly accurate. Because of this, it is advisable to stay with the vehicle, blow until obtaining zero readings, and seek the assistance of a traffic attorney due to the potential inaccuracies of the machines.

There are different types of restrictions that will require you to have an ignition interlock installed on your vehicle. These are an Alcohol Content Restriction (ACR) or a Conditional Restoration of your driver’s license. Attorney Clarke Dummit explains the differences between the two types of restrictions in this video.

In this video, attorney Clarke Dummit recalls working with a client who left his car running briefly while he went into a store. Unfortunately, while he was inside, the ignition interlock called for a rolling retest. Since he wasn’t in his car, he missed the rolling retest and the device recorded a violation. If he had stayed with his car or turned the vehicle off, our client could have avoided the amount of work that followed to clear this violation with the DMV.

If you have an ignition interlock requirement, you are allowed to drive a company vehicle while you have limited driving privileges authorized by a judge. This privilege is only applicable to the specific vehicle owned by your employer. It’s important to note that this condition will cease 45 days before the ignition interlock is removed from your driver’s license. Therefore, this permission is only valid during the period of limited driving privileges granted by the court.

Criminal Law Attorney Clarke Dummit explains that one common question in regard to ignition interlock devices is whether or not you can have a friend drive your car if you have an ignition interlock installed. There are no regulations that prevent someone other than yourself from driving your car. But, be aware that the NC DMV will presume that it is you who is driving the vehicle.

An ignition interlock device is a safety device, it is not a measurement device. So it cannot tell the difference between alcohol that is found in medicine versus alcohol found in beer and wine. Attorney Clarke Dummit has extensive experience with ignition interlocks and their role within the NC court system and NC DMV. In this video, he explains how your medication may cause you to fail an ignition interlock test and what your options are in this situation.

If you are not a resident of North Carolina for the entire year while having an ignition interlock requirement, it can be challenging to have the interlock results recorded and sent to the North Carolina DMV. This often leads to complications when individuals who hold a valid driver’s license from another state receive an ignition interlock DWI in North Carolina. According to the current opinion from the attorney general’s office, if you are licensed in another state and reside outside of North Carolina, you can legally drive through North Carolina without completing an ignition interlock. However, if you reside in North Carolina and have not fulfilled the ignition interlock requirement, driving would be considered driving while your license is revoked. Therefore, it is crucial to consult a DWI attorney if you have an ignition interlock and an out-of-state license.

There are two reasons why someone might be required to have an ignition interlock:

1. an alcohol content restriction
2. a conditional restoration.

Driving a vehicle without an ignition interlock when it is required can have serious consequences. One consequence is being charged with driving while license revoked by a law enforcement officer. This can lead to the termination of any conditional restoration and alcohol content restriction, ultimately revoking the license. If someone is under a conditional restoration and drives without an ignition interlock, it can revert them back to a state of permanent revocation, with a prolonged period before being considered for conditional restoration again. It is crucial to adhere to the requirement of having an ignition interlock if it has been imposed as a restriction.