Guardian Interlock
Guardian Interlock devices can be required by the Court in order to receive driving privileges while under an ALS or Court suspension. A small device, approximately the size of an IPOD or cell phone, is attached to the dashboard of the Defendant’s vehicle. The defendant must blow into the device to start the engine. A breath sample is generated and the machine checks for the presence of alcohol. The devices are designed to start the vehicle engine so long as the Blood Alcohol Concentration in the sample measures lower than a .02. To ensure the defendant continues to drive as opposed to a friend or family member, Guardian Interlock devices are programmed to require subsequent breath tests every few minutes after the vehicle is started. If a subsequent test reveals a prohibited Blood Alcohol Concentration, the lights on the vehicle will begin to flash and the horn will sound in the form of an alarm.
A common misconception is the vehicle will shut down if the Defendant fails to provide a valid, subsequent sample. Guardian Interlock devices are designed to start the engine, not shut it down. An alarm system to draw attention to the vehicle is used in lieu of shutting down the engine due to obvious safety concerns.
A log is created and viewed every thirty to sixty days to ensure compliance with the device. The log tracks each attempt to start the vehicle, the breath test results, subsequent test results, and any attempt to tamper with the machine. Guardian Interlock devices require a monthly maintenance fee (approximately $100 a month) in addition to an installation charge.
Restrictive Plates
Restrictive plates, or the scarlet letter of OVI or DUI, are a result of language included in Senate Bill 123. Effective January 1, 2004, Judges were given guidelines and mandates regarding the use of these plates. Based on the number of prior convictions and Blood Alcohol Concentration, offenders may be required to replace their current license plates with special yellow license plates with red lettering. The plates must be attached to all titled vehicles to obtain driving privileges. Restrictive plates are optional for first time OVI or DUI offenders and mandatory for high tier or repeat offenders.
Restrictive license plates are only required if driving privileges are requested for the remainder of the suspension period. Opponents argue the plates unfairly stigmatize OVI or DUI offenders and anyone else who may operate the vehicle. An experienced OVI or DUI attorney will help you with options and possibilities to attempt to spare you from this requirement by virtue of a plea arrangement, if permitted by law.
