Alabama Ignition Interlock Laws explained by Nationally Recognized DUI Attorney Jason C. Neff
Receiving a DUI conviction in the State of Alabama can trigger several long-lasting negative legal consequences. The adverse legal effects include jail time, a substantial fine, community service work, and mandatory participation in a substance abuse class. Since 2012, Alabama followed the legal lead of virtually every other state by adopting another form of punishment for a DUI conviction.It is called an ignition interlock device or IID for short.
DUI offenders in Alabama must have an ignition interlock device installed in their vehicles to monitor them while they drive on state roads and highways. The device requires a driver to blow into it, and then the device produces a blood alcohol content (BAC) reading. If the ignition interlock device detects the presence of alcohol, the vehicle will not be able to start the ignition system.
Highly rated traffic lawyer Jason C. Neff works with clients to try and prevent the State of Alabama from installing an ignition interlock device. Mr. Neff understands the hassles of having the device installed in vehicles, as well as the long-term implications such as device can have on a client’s career. If you face a DUI conviction, you need to consult with an Alabama DUI attorney who will work hard to prevent the installation of an ignition interlock device.
What is a Violation of Alabama Ignition Interlock Laws?
When the Alabama state legislature passed its version of an ignition interlock device law, the state governing body made it clear what constitutes violations of the DUI law. According to the 2012, ignition interlock device law, it is a violation of the law to record four or more BAC readings above 0.02% with a period of one month. The exemption to this rule is if a driver using the device can register lower than 0.02% within 10 minutes of registering above the 0.02% reading threshold. Any driver that tampers with the device or tries to bypass the device by disconnecting it also violates Alabama ignition interlock law. The third way to break the law involves the failure to perform proper servicing on the device one time every 30 days.
First Time DUI Offenders and the Ignition Interlock Device
DUI lawyer Jason C. Neff represents clients facing their first DUI charge. If you are facing your first DUI charge, you should know the State of Alabama will request you install an ignition interlock device in your vehicle. You can have the device placed in your car for two years if you meet one or more of the following conditions.
- Your BAC measured at least .15%
- You refused to take a breathalyzer test
- You registered below the state minimum BAC, but there was a child under the age of 14 in your vehicle
- Your DUI charge includes an injury suffered by a passenger
Under Alabama law, a second DUI conviction will result in an ignition interlock device being installed for two years, while a third conviction requires a driver to have the device installed for three years.
The Installation and Removal Process
Many of my clients facing a DUI charge want to know about the installation and removal process for an ignition interlock device. If convicted of a DUI charge, the judge presiding over the case will sign and send an Order to the Alabama Law Enforcement Agency (ALEA). This happens regardless if the Order is an elective or mandatory installation of the device. The driver of the vehicle must have an approved state ignition interlock device installed in the car. Then, the driver must present proof of the installation to receive the mandatory ignition interlock restricted driver’s license.
Removal of the device can occur only after the offender successfully completes the installation terms mandated by the State of Alabama. The court where the conviction was issued ensures every requirement associated with the conviction has been met, before issuing an order to remove the ignition interlock device.
Schedule a Free Initial Consultation with Jason C. Neff
If you are facing a DUI charge, delaying your response to the criminal charge can result in a conviction that remains on your record for years to come. You must be proactive by speaking with an experienced DUI attorney that has successfully prevented the State of Alabama from ordering clients to install an ignition interlock device.
Schedule a free initial consultation today with Jason C. Neff by calling our office at 205-345-1601 or by submitting the Contact form located on our website.