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How Do I Get an Ignition Interlock Device?


dui per seIf you were convicted of a DUI in New Mexico, one of the standard punishments is to use an ignition interlock device (IID). The device allows you to reinstate your driver’s license with the assumption that you will use the device to establish no blood alcohol levels before starting your vehicle.

Court-ordered use of these devices means that you are required to do so, or you will be in violation of the terms of your probation or parole – which is not a place anyone wants to be after recently being released.

An IID works like a breathalyzer. But this time, it can stop you from committing another DUI. The device is attached inside the vehicle. To start it, you must first provide a breath sample. Sometimes you may have to stop randomly during your trip to supply another sample. The initial breath test is to ensure you are not intoxicated at the time you start your vehicle; the second works to ensure that you did not have someone else supply a sample or drink after you started your vehicle successfully.

If the IID detects alcohol in the breath sample, your car will not start. If the vehicle is running and it requires another sample and it does detect it, the car’s lights will flash and horn will blare until you stop the vehicle and turn it off.

Do First Time DUIs in Albuquerque Use IIDs?

Most of the time, first-time offenders will not require an IID to reinstate their license. But there are those rare occasions where the court issues them. If you are required to get a device, do not ignore this requirement. Furthermore, do not operate a vehicle that does not have the IID installed or you could violate your probation.

How Do I Get My IID?

Your first time fee to receive the ignition interlock device from the Motor Vehicle Division (MVD) is $113.

You must receive a license for the IID, and you will also be required to renew it with the MVD. To renew, you will need to bring a driver’s license, a copy of your contract with the IID provider, and evidence of automobile insurance. You also must submit a notarized version of the Ignition Interlock Affidavit (MVD-10456).

Where Do You Get an IID?

You can only receive your IID through a state-approved provider. Therefore, you should go to the New Mexico Department of Transportation’s website for an approved list. The provider list does change, so ensure the company you are contracted with remains a provider for the state.

Each company is required to create a contract, and the agreement serves as part of your proof that you installed an IID.

You will not only pay for the license with the MVD, but you will also pay for an initial rental fee and monthly maintenance fees from the company you select as your IID provider.

How Does the IID Work Once It Is Installed?

The IID is a sophisticated device with a single purpose of deterring repeat DUI offenses.

  1. When you get in the vehicle, you must blow into the device. The ignition will start as long as the breath-alcohol concentration meets the pre-programmed limits. When the concentration is higher than the programmed threshold, it will not start. You may have to provide a second sample right away to get the vehicle started, or other times, it locks out for a few minutes. Some units have cameras on them that require you to look into the camera, proving that it is you taking the test.
  2. The device requests another sample as you drive to make sure you did not tamper with the first results. It does give you a few minutes to pull over safely and provide the sample. If the sample again comes in higher than the limit, the vehicle turns off. Therefore, you must pull over to a safe location before you supply your secondary sample, just in case. Some units will not turn off, but they will continue to alert you that you need to turn off the vehicle.

Who Installs the IID?

The third party you select will install the device. You are paying out of pocket for this installation. If the device requires inspections, you will pay out of pocket for those as well. If the device breaks due to a manufacturing issue, that is not your financial responsibility.

It is vital that you and your attorney review the details of the service contract. Some companies have hidden fees, even those who are state approved, that could affect you. Therefore, knowing exactly what you are paying for when it is required and how much you could potentially pay is critical.

What Happens If You Tamper with an IID?

Tampering with your IID is not something the court will ignore.

At best, the court might only increase the time you must use the IID. However, most cases involve the judge assigning a fine or revoking your driver’s license for a specific period. In some cases, you might face a misdemeanor or felony charge – especially if you tamper with the device so that you can drive while intoxicated. If convicted, you may face jail time. Furthermore, if you are on probation and tamper with an IID, your probation may be revoked and you would have to resume the rest of your sentence in jail.

What Data Is Tracked with an IID?

Realize that the IID is a tracking device, which means that multiple items are tracked and monitored. The successful and unsuccessful IID attempts are stored along with photos (if yours is video operated), your location, missed calibrations, and records of tampering.

Worried about Failed IIDs or Arrested for a DUI? Speak with a Local Attorney

Whether you have failed an IID test, were suspected of tampering with a device, or this is your first DUI offense and you are worried about receiving an IID, you need an attorney to advocate for you and explain your rights.

Let the attorneys at New Mexico Criminal Law Offices help you with your case.

You can meet with our team, risk-free, during a case evaluation at 505-200-2982 or by requesting more information online.