Will I Go To Jail For Failing Interlock
Failing an interlock device test can have serious consequences. An interlock device is an ignition system that is fitted to a vehicle and is designed to prevent anyone from driving it while they are under the influence of alcohol. If the driver fails a breathalyzer test administered by the device, they may be at risk of facing jail time. The severity of the penalty depends on the state and the specifics of the case.
What is an Interlock Device?
An interlock device is an ignition system that is fitted to a vehicle and is designed to prevent anyone from driving it while they are under the influence of alcohol. When the driver turns on the ignition, the device requires them to blow into a breathalyzer, which will detect the amount of alcohol in their system. If the amount is above the legal limit, the vehicle will not start.
Do All States Have Interlock Device Laws?
No, not all states have laws that require interlock devices to be installed in vehicles. Currently, 28 states have laws that make it mandatory for drivers who have been convicted of a DUI or DWI to install an interlock device in their vehicle. In some cases, states may require the device even if the driver has not been convicted of a DUI or DWI.
What Happens if You Fail an Interlock Device Test?
If a driver fails an interlock device test, they may face jail time. The severity of the penalty depends on the state and the specifics of the case. In some states, a driver may face a jail sentence of up to six months for failing an interlock device test. In other states, the penalty may be less severe, such as a fine or probation.
How Can You Avoid Going to Jail for Failing an Interlock Device Test?
The best way to avoid going to jail for failing an interlock device test is to not drink and drive. If you are convicted of a DUI or DWI, you may be required to install an interlock device in your vehicle. If this is the case, make sure you follow all of the instructions for using the device and take all of the tests as required.
What If You Accidentally Fail an Interlock Device Test?
If you accidentally fail an interlock device test, the best thing to do is to contact your attorney immediately and explain the situation. Depending on the state and the specifics of the case, your attorney may be able to help you avoid jail time by providing evidence that the failure was accidental.
What If You Refuse to Take an Interlock Device Test?
Refusing to take an interlock device test can have serious consequences. Depending on the state, a driver may face jail time of up to six months for refusing to take the test. In some cases, the driver may also face additional penalties, such as license suspension or a fine.
In conclusion, failing an interlock device test can have serious consequences, including jail time. To avoid going to jail for failing an interlock device test, make sure you follow all of the instructions for using the device and take all of the tests as required. If you accidentally fail an interlock device test, contact your attorney right away. Refusing to take an interlock device test can also result in jail time, so it is best to avoid doing so.