Do I Need a Car Breathalyzer in My Car After a DUI?
If you've recently been charged with a DUI (Driving Under the Influence), you might be wondering whether you need to install a breathalyzer in your vehicle—commonly known as an ignition interlock device (IID)—to regain your driving privileges. The requirement to install an IID depends on various factors, including the specifics of your DUI case, whether it’s your first offense, and your blood alcohol concentration (BAC) at the time of your arrest. In many states, including Kansas, DUI offenders are mandated to have an ignition interlock device installed following a DUI conviction.
What is an Ignition Interlock Device?
An ignition interlock device is a specialized breathalyzer installed in your car that requires you to provide a breath sample before the vehicle can start. Here’s how it works:
Blow into the Device: Before starting your car, you must blow into the IID to provide a breath sample.
Alcohol Detection: If the device detects alcohol on your breath, the vehicle will not start.
Ongoing Monitoring: While driving, the IID may require additional breath samples at random intervals to ensure continued sobriety.
Failure to pass these alcohol tests can prevent your car from starting and may lead to further penalties, including fines or extended periods of IID installation.
When is a Breathalyzer Mandatory?
In Kansas, an IID is required under several circumstances related to DUI offenses:
DUI Conviction: If you are convicted of a DUI, whether through a plea deal or after a trial, court orders typically mandate the installation of an IID to reinstate your driving privileges.
Administrative License Suspension: If your license is suspended due to a DUI and you fail to request a hearing within 14 days of your arrest, you will need an IID installed to regain your license.
Recent Changes in Kansas Law
Previously, the requirement to install an IID was absolute for DUI offenders in Kansas. However, recent legislative changes have introduced some flexibility. For instance, if more than five years have passed since your IID requirement began, you may apply for the reinstatement of your license without needing to keep the IID installed. This leniency allows some DUI offenders to regain their driving privileges under specific conditions.
Duration of IID Installation
The length of time you need to have an IID installed in your car varies based on several factors, including the number of DUI offenses, your BAC level at the time of arrest, and whether you refused to take the breath test. Here’s a breakdown of the typical requirements:
First-Time DUI:
BAC between .08 and .15: 6 months with an IID.
BAC above .15: 12 months with an IID.
Refusal to take the breath test: 24 months with an IID.
Second-Time DUI:
BAC between .08 and .15: 12 months with an IID.
BAC above .15: 24 months with an IID.
Refusal to take the breath test: 36 months with an IID.
Third-Time DUI:
BAC between .08 and .15: 24 months with an IID.
BAC above .15: 36 months with an IID.
Refusal to take the breath test: 48 months with an IID.
Fourth-Time DUI:
BAC between .08 and .15: 36 months with an IID.
BAC above .15: 48 months with an IID.
Refusal to take the breath test: 60 months with an IID.
Fifth-Time DUI:
Any BAC or refusal: 10 years with an IID.
The more DUIs you have, the longer you will be required to keep the ignition interlock device installed in your vehicle. Refusing a breath test during a DUI arrest also significantly increases the duration for which the IID must remain installed.
Consequences of Not Installing an IID
If you are required by court orders to install an IID and fail to do so, several penalties may ensue:
License Suspension: You will not be able to have your driver’s license reinstated until the IID is installed.
Fines: Additional financial penalties may be imposed for non-compliance.
Possible Jail Time: In some cases, failing to install the IID can result in incarceration.
Extended IID Requirement: Non-compliance may lead to a longer period of IID installation.
Cost of Installing an Ignition Interlock Device
Installing an IID can be financially burdensome. Here are the typical costs associated with an ignition interlock device:
Installation Fee: Ranges from $70 to $150, depending on the provider.
Monthly Maintenance Fee: Usually between $60 and $100 per month.
Calibration Costs: Regular calibration is required to ensure the device functions correctly, which can incur additional fees.
These costs can accumulate over time, making the IID a significant financial commitment for DUI offenders.
Legal and Safety Considerations
While installing an IID is a mandatory step for many DUI offenders, it also plays a crucial role in promoting road safety:
Preventing Repeat Offenses: By requiring DUI offenders to blow into the device before driving, the IID helps prevent impaired driving and reduces the likelihood of repeat offenses.
Legal Compliance: Complying with court orders to install an IID ensures that you meet state requirements and can regain your driving privileges without further legal complications.
Safety Assurance: Regular alcohol tests through the IID provide ongoing assurance that you are not driving under the influence, contributing to overall road safety.
How to Install an Ignition Interlock Device
To install an IID, follow these steps:
Choose a Provider: Select a state-approved IID provider in Kansas.
Schedule Installation: Arrange for a technician to install the device in your vehicle.
Complete the Process: After installation, you will need to provide periodic breath samples as required by the device.
Maintain Compliance: Ensure timely payments for maintenance fees and attend all required calibration appointments to keep the IID functioning correctly.
Seeking Legal Assistance
If you are facing a DUI charge and are unsure about the requirements for installing an IID, consulting with an experienced attorney is crucial. A knowledgeable attorney can help you understand your rights, navigate court orders, and potentially minimize the impact of the DUI on your driving privileges.
Conclusion
If you've been charged with or convicted of a DUI in Kansas, installing an ignition interlock device is likely a mandatory step to regain your driving privileges. The duration of IID installation depends on factors such as the number of DUI offenses, BAC levels, and whether you refused a breath test. While the IID can be inconvenient and costly, it serves as an essential tool for promoting road safety and preventing impaired driving.
Compliance with court orders to install an IID is crucial to avoid further legal penalties and to regain the ability to drive legally. If you’re facing a DUI charge, seek legal advice promptly to ensure you understand your obligations and navigate the process effectively.
For more information on DUI laws and ignition interlock devices, or to get legal assistance, contact a qualified attorney today..