We are a society in which being able to drive is a necessity. However according to the state of Maine driving is still a privilege. When convicted of an OUI in Maine, the accused’s driving privileges will be suspended. The amount of time which the offender’s driving privileges are suspended can range from 150 days to 6 years depending upon the Maine OUI Charge.
Not being able to drive is a tremendous inconvenience, being allowed to use an Ignition Interlock Device may help, but you really need to know the risks, driving privilege constraints and cost. Recently, Maine Legislature passed DL1260 which took effect on December 1st, 2013. This new law extended a First Maine OUI Suspension period from 90 to 150 days. However, First time Maine OUI offenders may get their license reinstated after 30 days of the suspension with an ignition interlock device.
Let’s take a close look into an Ignition Interlock Device, to see if it may help you. We will go over:
- What is an Ignition Interlock Device?
- What are the benefits of an Ignition Interlock Device?
- Is an Ignition Interlock Device mandatory?
- How to qualify for an Ignition Interlock Device?
- How long do I need to wait to get an Ignition Interlock Device?
- What maintenance is required for an Ignition Interlock Device?
- How much does an Ignition Interlock Device Cost?
- Where can I get an Ignition Interlock Device in Maine?
- What do I need to do to uninstall my Ignition Interlock Device?
- What happens if I do not get approved to have an Ignition Interlock Device?
- What happens if I tamper with my Ignition Interlock Device?
What is an Ignition Interlock Device?
An Ignition Interlock Device (IID) is an alcohol Breathalyzer machine connected to the ignition of your car. In Maine, an Ignition Interlock Device (IID) is considered when someone is charged with Criminal Operating under the Influence. The purpose of having an Ignition Interlock Device (IID) installed in the car of someone charged with OUI would be to prevent that person from re-offending while the Ignition Interlock Device (IID) is installed. The key take away point is an Ignition Interlock Device (IID) offers a safeguard to deter the driver from drunk driving.
An Ignition Interlock Device is installed into the dashboard of the car. The driver then needs to breath into the Ignition Interlock Device to start the car. If you have any amount of alcohol in your system whatsoever, the Ignition Interlock Device (IID) will prevent your car from starting. While an Ignition Interlock Device (IID) may not be pretty to look at when installed, an Ignition Interlock Device (IID) can permit you to get back on the road sooner when you are facing a charge of OUI in Maine and your driver’s license has been suspended by the Maine Bureau of Motor Vehicles.
What are the benefits of an Ignition Interlock Device?
The primary benefit of an Ignition Interlock Device is the ability to drive a car. This is often a big deal for clients, because their cars are often the primary way that they get to and from work to earn money and live independently without relying on rides from friends and family or on public transportation.
After serving a portion of their license suspension from the BMV, clients can become eligible for an Ignition Interlock Device (IID). In this way, the Ignition Interlock Device (IID) makes the effective time that my clients are not allowed to drive shorter. In addition, once an Ignition Interlock Device (IID) is installed in your car, there are no other restrictions on your ability to drive wherever you need to go. This is different from a work-restricted license or other limited license, which would narrow where a person can drive. There are no such restrictions when your car has an Ignition Interlock Device (IID).
Is an Ignition Interlock Device mandatory?
While getting an Ignition Interlock Device (IID) in Maine is not mandatory in a legal sense, it can nevertheless be considered a personal necessity for clients whose livelihoods depend on being able to drive to and from work or to travel for the purpose of work. This is because the Ignition Interlock Device (IID) is the only means that the State of Maine permits someone whose license has been suspended for OUI to get back on the road earlier. If you choose to not get an Ignition Interlock Device (IID), there is no penalty imposed for making such a choice besides your license remaining under suspension by the BMV.
How do I qualify for an Ignition Interlock Device?
According to the BMV, a person becomes eligible for an IID after completing the following:
- The person becomes DEEP compliant
- The person pays all reinstatement fees to the Bureau of Motor Vehicles
- An eligible person applies for an IID with a form provided by the Bureau of Motor Vehicles, which can be downloaded online from http://www.maine.gov/sos/bmv/licenses/iidapplicationrev1213.pdf.
How long do I have to wait to get an Ignition Interlock Device?
How long you have to wait before becoming eligible for an Ignition Interlock Device (IID) depends on the OUI charge you are facing:
- First Offense (no prior OUI convictions)- after 30 days
- Second Offense (1 prior OUI conviction)- after 9 months
- Third Offense (2 prior OUI convictions)- after 3 years
As you can see, the greater number of prior OUI offenses on your record significantly increases the required wait time before becoming eligible for an Ignition Interlock Device (IID). In the meantime, clients with suspended licenses must find alternate means of living and working without a valid driver’s license.
What maintenance is required for my Ignition Interlock Device?
Just like any alcohol breath test machine, an Ignition Interlock Device (IID) requires regular maintenance. Some of the maintenance that would be done on an Ignition Interlock Device (IID) include calibration, as well as other maintenance. The State of Maine requires that all Ignition Interlock Device (IID) related work, such as installation, maintenance, and removal, be done within the State of Maine.
How much will the Ignition Interlock Device cost?
This is often the first question that clients have pertaining to the Ignition Interlock Device (IID). An Ignition Interlock Device (IID) can potentially be costly, including separate costs for leasing the machine itself, installation, maintenance costs, and removal. Individual Ignition Interlock Device (IID) vendors can have varying prices during the overall course of the Ignition Interlock Device (IID). Depending on the length of your license suspension for OUI, you could have the Ignition Interlock Device (IID) installed for a number of years. In some instances, the biggest downside to the Ignition Interlock Device (IID) is the cost. However, if the Ignition Interlock Device (IID) allows a client to keep their job, then an Ignition Interlock Device (IID) is a worthwhile investment.
Just to give you a range, and I highly recommend you contact some Maine companies who provide ignition interlock devices (IID) for price quotes.
| One Time Costs | |
| Installation of the Ignition Interlock Device (IID) – $85 to $110 | |
| Setup Fee – $25 | |
| Security Deposit – $65 (If you have automatic payment withdrawals a security deposit is often not necessary) | |
| Driver’s License Reinstatement Fee – $50 | |
| Recurring Monthly Costs | |
| Monthly Rental Fee for the Ignition Interlock Device (ID) – $65 to $140 | |
If you are able to prove your annual income is at or below 150% of the federal poverty level, you will be eligible for 50% price reduction on the installation of the Ignition Interlock Device (IID).
Where can I get an Ignition Interlock Device in Maine?
Here are some companies where you can get an Ignition Interlock Device (IID). Below is a helpful list on individual Ignition Interlock Device (IID) companies.
What if I want to uninstall my Ignition Interlock Device?
What if already you have an Ignition Interlock Device (IID) installed in your car, but before your license suspension period is up, you decide that you do not want the Ignition Interlock Device (IID) in your car anymore? Either you find the Ignition Interlock Device (IID) too costly to operate or you decide that you just do no longer want to work with it. Are you required to keep the Ignition Interlock Device (IID) installed for the remainder of your suspension period? The short answer is it is possible to have your Ignition Interlock Device (IID) removed before your license suspension period is up. However, the consequence of this is that you would go back to having a suspended license.
What happens if I do not get an Ignition Interlock Device?
If you choose to forego getting an Ignition Interlock Device (IID) device, then your options are few.
- Serve Total License Suspension: Without an Ignition Interlock Device (IID), you can simply wait out your full license suspension without ever getting behind the wheel. Clients who live and work in areas with easy access to public transportation in Maine, such as near Portland or Bangor, often choose this option without difficulty.
- Obtain Work-Restricted License: In some instances, the Maine Bureau of Motor Vehicles (BMV) will grant a work-restricted license, which would allow the person to be able to drive between work and home, but nowhere else. To obtain a work-restricted license, the person first must submit a petition to the BMV, and the BMV decides whether to grant the person’s petition. If the BMV grants a work-restricted license, then that person would be able to drive to and from work. However, a work-restricted license does not offer any credit towards actually serving your license suspension period. This means that later on at Court, in the event that you are convicted of the OUI charge, then you would still have to serve your full license suspension. Generally, I explain to clients that a work-restricted license only postpones the suspension. It does not make it effectively shorter in any way.
- Serve 2/3 of License Suspension to Become Eligible for a Restricted License: If the person serves two-thirds (2/3) of their total license suspension from the BMV, and they have become DEEP compliant and paid all reinstatement fees, they can become eligible automatically for a Restricted License, which allows the person to drive between home, work, school, and counseling. This is a bit more flexible than the work-restricted license, but it still limits where you can drive. After serving the final part of your license suspension on the restricted license, your license would become reinstated fully.
Compared to an Ignition Interlock Device (IID), these options are far less convenient because they compel you to live longer without a valid driver’s license or they postpone the license suspension to be served later. Only the Ignition Interlock Device (IID) can make your effective license suspension time shorter without limitations on where you can drive with the Ignition Interlock Device (IID) installed.
What happens if my Ignition Interlock Device is tampered with?
Once you have an Ignition Interlock Device (IID) installed, you are responsible for maintaining it and using the Ignition Interlock Device (IID) honestly. If you attempt to tamper with the proper operation of the machine, you can get into additional criminal trouble and further license suspensions.
There are some misdemeanor crimes, which can be charged if you tamper with your Ignition Interlock Device (IID):
- Attempting to (or having someone else attempt to) disconnect or disengage the Ignition Interlock Device (IID) machine.
- Operating any other vehicle besides the one with the Ignition Interlock Device (IID) installed.
The penalties for these offenses can include fines, license suspensions, and even jail time. Given the already lengthy suspension period in connection with an OUI charge, it does not make sense to risk committing additional crimes while the Ignition Interlock Device (IID) is installed.
Contact a Maine OUI Defense Attorney
If you have more questions, feel free to contact an experienced Maine OUI Defense Attorney.
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