New Ignition Interlock Laws — Why Refusal Makes Even More Sense Now

7030995As some of you may already know, Ignition Interlock Devices (IIDs) are coming to the Commonwealth of Kentucky. We’ve had them as an option since at least 2000, see KRS 189A.340, but that’s exactly what they were until now – Optional.

Beginning on July 15, 2015, IIDs become mandatory for certain types of DUIs. Basically, the legislature has taken judicial discretion out of the equation.

In addition, I have previously discussed why one should always refuse the Breathalyzer and Field Sobriety Tests in the commonwealth of Kentucky. And with these new IID laws, refusal to take the breath test make even more sense.

The new IID law was introduced in the Senate on February 6, 2015 as Senate Bill (SB) 133. It was passed in both the Senate and the House the following month, and finally delivered to the Governor, who signed it into law on April 6.

The purpose of the bill is to  “Amend various sections in KRS Chapter 189A relating to DUI to replace the current hardship license system with an ignition interlock licensing system.” Thus, a new license has been created in the Commonwealth — the Ignition Interlock License (IIL). An IIL permits a person to operate a motor vehicle or motorcycle equipped with a functioning IID.

A properly functioning IID is designed to prevent starting the vehicle as well as operation when the BA is greater than 0.02. If it does not, then it is an improperly functioning IID.

The bill affects the following offenses:

  • First Offense (aggravated) – 30 to 120 day license suspension, requires 6 month IID;
  • Second Offense – 12 to 18 month license suspension requires 12 month IID;
  • Third Offense – 2 to 3 year license suspension; and Fourth Offense – 5 year license suspension require a 30 month IID.

But it does not affect these offenses:

Now here comes the most beautiful part of the whole statute: Even if a person refuses to take the Breathalyzer, SB 133 gives the court discretion of whether or not to issue an IIL! That’s the only discretionary IIL that the court may issue, and no showing of good cause is required.

But, this means that you are back on the road, with an IID, starting on day ONE. All you have to do is have your attorney waive a judicial review of your refusal to submit to the Breathalyzer test at arraignment, if it’s your first offense. Or, if it’s a second offense, have your attorney waive the right to contest any prior DUI convictions.

Finally, your license plates will no longer be seized for a second or subsequent offense if an IID is installed.

The Costs:

These things are not cheap.

Generally, the first month of having the IID, including its installation in your vehicle, will run you at most $225.00. Each month after that will likely range between $100.00 to $125.00.

If you need the IID serviced, repaired, or if you blew 0.02 and it locked you out completely, the costs will range between $50.00 to $75.00.

And when you finally need to get the darn thing removed, expect an additional cost of $50.00 to $75.00.

As anything else in this world, this is just another money-making machine.

We’ll see, come July, how this will all work in practice. But one thing is still for certain:

Don’t Blow!

Thank for reading, and hope to see you again soon.

If you or a loved one have been charged with a DUI, you need competent, experienced, and knowledgeable counsel to help you win your case. Don’t delay; call the DUI guy today! (502) 931-6788.

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Priscilla Ballard

Informative. When compared to the cost of penalty, considering to hire a DUI attorney makes sense. It could ease your worry, time and money. Drive safe!


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