For many people who find themselves arrested for DWI, one of the most urgent issues is your ability to drive. Most people who are arrested for DWI are going to lose their driver’s license within a
few days of the incident. This can have devastating consequences for employment, child care and transportation, and much more. Fortunately, there is a solution, although it’s far from perfect. This post explores Minnesota’s ignition interlock program, including how it works and the benefits and drawbacks of participating in the program.
What is Ignition Interlock?
Participants in this program have a device installed in their vehicle. This device requires a driver to blow into the machine and provide a passing test before the vehicle will start. If the device detects alcohol above a certain threshold (which is much lower than the legal limit to drive), the car will not start. The idea behind the program is that it prevents impaired drivers from getting behind the wheel. This protects public safety while also allowing people to continue to live their lives despite having been arrested for DWI.
Who is the Ignition Interlock Program for?
Most people are not required to participate in the interlock program. Only repeat offenders are forced to use the device. For everyone else, the program is not mandatory. However, it’s still the only way to regain full driving privileges immediately following an arrest. There are other options, such as obtaining a limited license (often referred to as a work permit), or just waiting out the license revocation period. But ignition interlock is the only way to regain your full ability to drive. For this reason, many of our clients elect to participate in the program even though they’re not required to do so.
How Does the Ignition Interlock Program Work?
There are two steps involved in getting set up in the program. First, the person must file paperwork with the state requesting to be enrolled in the program. The state has certain requirements that must be fulfilled. These vary depending on your circumstances but will include the payment of a reinstatement fee and filing an application to be enrolled. Second, the person must contact a state-approved interlock vendor and arrange to have the device installed in your car. Remember, both steps must be completed. Just having the device installed in your car is DOES NOT restore your driving privileges – you must be enrolled in the program through the state as well!
What to Expect Once You’re in the Program
Once you’re set up in the program and have the device installed, you will have to blow into the machine every time you start your car. The device also requires periodic tests while driving, known as “rolling retests.” This ensures that the driver is not consuming alcohol while driving. Failure to take a rolling retest will not stop your vehicle, but violations of this type can be used to extend your time on the program or even disqualify you from participation altogether.
The device is equipped with a camera that records who is blowing into the machine during each test. This mechanism also prevents the driver from having a sober person blow into the machine to start the vehicle and then allowing an impaired driver to take the wheel. Attempts to tamper with the device, such as blocking your face while testing, will result in penalties as well. More information about the program can be found here.
How Long Do I Have to be in the Program?
There’s no easy answer to this question. It depends on what you were charged with, whether you refused testing, what your alcohol concentration was if you did test, your prior record, and other factors. Generally speaking, first time offenders will be on the program from anywhere between 30 days up to a year. For repeat offenders, the time frame gets increasingly longer.
How Much Does the Program Cost?
Costs for the interlock vary as well. Getting enrolled through the state is typically going to cost around $700 in reinstatement fees. Installation of the device is an additional cost, which will vary depending on your vehicle. This will usually be in the neighborhood of $100 – $150 dollars. Each provider also charges a monthly fee, which typically is around $100 a month. This covers the lease of the actual device, as well monitoring of the results and periodic recalibration of the device. Some providers also charge other fees for the service, such as lockout fees (assessed to reset the device in certain situations).
These costs can add up quickly, making the program difficult for many people. Some attorneys will partner with device manufacturers to give their clients a discount for some of these services. At Archambault Criminal Defense, we do work with a specific provider. We don’t profit from this arrangement, but it gives our clients a break on some of the fees that might otherwise put ignition interlock out of reach for our clients.
Benefits of Ignition Interlock
For those who are able to participate, there are many benefits to being in the program:
- Full reinstatement of driving privileges. This is the most obvious benefit. People who participate in the program are able to drive anywhere, anytime, without restriction.
- Support for recovery. For those clients who are struggling to overcome an alcohol addiction, the extra accountability can be helpful.
- Improved Case Outcomes. Minnesota law establishes mandatory minimums for some DWI cases. This means that the law requires judges to sentence some DWI cases to a certain amount of jail time. However, state law also says that individuals who are participating in the interlock program may not have to serve these sentences. Participation in the program therefore gives your lawyer another tool to use to achieve a better outcome in your case.
Drawbacks of Ignition Interlock
While there are many advantages, there are also some drawbacks to the program:
- Being on interlock is not cheap, and it can be difficult for already stressed household finances to shoulder this additional burden.
- Social Stigma. Having to blow into a machine to start your car is embarrassing. This is particularly true when you have to do it in front of coworkers, at school while picking up your kids, etc.
- The device requires regular maintenance and calibration. This can be a major inconvenience.
Conclusion
Minnesota’s ignition interlock program is a great option for many people who find themselves accused of a DWI offense. While it’s not without its drawbacks, we encourage any client who’s able to participate to do so. Not only does it allow you to get back on the road and live your life, it also can be a valuable tool for your attorney to get you a better outcome in your criminal case. If you or a loved one have been accused of DWI, or if you just have questions about the program and how it might benefit you, contact us today!
