If you’ve recently received a DUI in Rhode Island, you likely aren’t sure how to navigate the legal system. Maybe you were granted a Hardship License but you are not sure what you need to do. The court mentioned that to receive a Hardship License you need an Ignition Interlock Device to drive. This post will explain what the Ignition Interlock System is, where you can install one and what to do after you complete your sentence.
An Ignition Interlock Device (IID) is a small device that is connected directly to the ignition of your vehicle. Each time that you drive, you have to blow air into a tube that is directly connected to the IID. The device will measure your current Blood Alcohol Content (BAC) and if it detects a certain trace of alcohol on your breath, it will make a report that you failed the test and, as a result, the car won’t start. If you pass the test, you will be able to drive normally but periodically, the device will request you to do additional test samples.
It is important to know that you aren’t buying an IID: you will be leasing it and the device will be in your car during the time that the judge or court ordered. Every company has their own policies regarding how you do the payments, calibration, saving and sending the records to the RI DMV, etc.
When you’re charged with a DUI or you refused to do a breath test, one of the probable penalties that you will get is that your driving license will be suspended for a certain amount of time. If you need to drive, the Judge or Magistrate may grant you a Hardship License during your suspension time. This special license will allow you 12 continuous hours of driving per day.
Please take into consideration that you can’t freely drive. Most of the time it grants you permission to drive for employment, medical appointments, schooling or religion reasons. Unlike a regular license, the Hardship License has very particular uses. If you want to know more about Hardship Licenses and how they work, please read our dedicated blog post.
Installing an Ignition Interlock Device in your car will largely vary based on the IID vendor because each company has their own policies that you must abide by, but generally speaking, besides bringing your vehicle in, you will also need your vehicle’s paperwork (like your registration), you will need to pay for the installation, calibration and sometimes, you may need to pay a month (or more) of the lease upfront. After the installation, you need to present and submit a proof of the installation to the RI DMV.
No, you can’t install an ignition interlock system from any company in Rhode Island. The Division of Motor Vehicles from Rhode Island has an approved and certified list of companies that specialize in all types of Ignition Interlock Devices. They periodically update and change this list so please, refer directly to their list here. Also, as we have mentioned, you need to be aware that each company has their own installation and leasing fees. In addition, each company has their own policies that you must abide by.
Everytime that you fail the test due to being intoxicated with alcohol, the car won’t start (or if you were already driving, the car will turn off). In addition, it will send a report to the company warning them that you failed the test. You will have to bring your vehicle to the same company that installed your IID so they can unlock it. You could potentially face additional penalties from failing a breath test on your ignition interlock system.
Rhode Island General Laws § 31-27-2.8(j1,2) states the following:
(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
(2) For a second violation within six (6) months from entry of the order, the person violating the order shall be imprisoned for a term of not less than ten (10) days and not more than one year.
It also further clarifies what is considered a violation of an interlock order. As Rhode Island General Laws § 31-27-2.8(k1,2,3) puts:
(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section;
(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or
(3) Soliciting or attempting to have another person start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.
No, in Rhode Island the law doesn’t require you to install a camera with your IID but you need to be aware that a judge or magistrate may ask you to have additional conditions alongside your IID. This is why it’s important that you always communicate with your attorney so they can clearly explain to you all the conditions that the judge or court granted you.
Once you successfully complete the time that the judge or court granted you with the IID, you will need approval to remove the IID from the RI DMV and you need to go back to the same company that installed the device so they can safely remove it from your vehicle. If you’re unsure of what exactly you need to do, please contact your lawyer so they can tell you the exact steps you have to do.
If you find yourself with DUI or Refusal to Submit to a Chemical Test charges and you don’t know what to do, contact the Rhode Island DUI attorneys at Ellison Law LLC. You don’t have to navigate the difficult and confusing legal system on your own. Contact our attorneys, who are skilled in dealing with DUIs, refusals and traffic tickets in Rhode Island. You can call us at 401-230-5520 at any time.
Fields marked with an “*” are required