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If you're convicted of DWI in Charlotte, you could face many legal consequences, including fines, potential jail time, and the suspension of your driving privileges. In some cases, the court may require you to install an ignition interlock device in your vehicle as a condition of restoring your license.
Our experienced Charlotte DWI defense lawyers at Browning & Long, PLLC, understand the stress and confusion of a DWI conviction. We're here to mount a vigorous defense to fight the charges you face. We’ll also help you understand the ignition interlock device NC law and guide you through the process of regaining your driving privileges.
When Are Ignition Interlock Devices Required Under the Ignition Interlock NC Law?
Under N.C.G.S. § 20-17.8 and N.C.G.S. § 20-179.3, ignition interlock devices are mandatory for certain DWI offenders. You may be required to install this device under the ignition interlock NC law if:
- You are convicted of a DWI with a blood alcohol content (BAC) of 0.15% or higher.
- You are convicted of a second or subsequent DWI offense within seven years.
- You refuse to submit to a breathalyzer or blood test when arrested for DWI.
- A judge orders an ignition interlock device as part of your sentencing or when granting you limited driving privileges.
The length of time you must use the device depends on factors like your BAC level and prior DWI convictions. Generally, the ignition interlock requirement lasts at least one year.
How Do Ignition Interlock Devices Work?
An ignition interlock device is a small breath-testing unit connected to your vehicle's ignition system. To start your car, you must blow into the device. If it detects alcohol on your breath, the car will not start. Here are other ways the device ensures compliance:
- Random rolling retests. While driving, you'll be required to provide additional breath samples at random intervals. If a rolling retest is required, you must pull over and give a breath sample. Failing to do so is a violation.
- Tamper prevention features. Ignition interlock devices are equipped with tamper detection features to prevent circumvention attempts. If tampering is detected, the device enters a lockout mode, immobilizing the vehicle until a service provider can inspect it. Any attempts to tamper with or bypass the device are recorded and reported to the monitoring agency.
- Calibration and monitoring. Ignition interlock devices must be calibrated and maintained by a certified service provider approximately every 30-60 days. The device records all breath test results, engine starts, and any violations during the monitoring period. Your service provider sends regular reports to the court or monitoring agency to ensure compliance with the ignition interlock requirement.
What Are the Costs of an Ignition Interlock Device?
Under the ignition interlock NC law, you are responsible for all ignition interlock device costs. You should be prepared to pay these expenses:
- Installation fees. You must lease the ignition interlock device from an approved service provider and schedule an installation appointment. The service provider installs the device in your vehicle, typically taking a few hours. Installation fees can range from $70 to $150, depending on the provider and device type.
- Monthly monitoring fees. In addition to installation, you must pay monthly monitoring fees for the duration of the ignition interlock requirement. These fees cover the cost of regular calibration and maintenance visits. Monthly monitoring fees can range from $60 to $90.
- Removal fees. Once you have completed the court-ordered ignition interlock period, you must have the device removed by the service provider. Removal fees can range from $50 to $100, depending on the provider and device type.
What Are the Consequences of Violating DWI Interlock Requirements?
Your device usage is closely monitored for compliance throughout the ignition interlock period. Failed breath tests, missed rolling retests, and attempts to tamper with the device are common violations that could cause you problems.
If you violate the DWI interlock ignition laws, you could face harsh penalties, including an extended ignition interlock time, fines, or even jail time. You may also lose your driving privileges.
Get Help from Our Charlotte DWI Defense Lawyers
You do not have to face DWI charges on your own. Our DWI defense attorneys at Browning & Long, PLLC, will use all viable defenses to try to get the charges dismissed or reduced to a less serious offense through a plea bargain.
We can also help you understand your responsibilities, ensure your rights are protected, and work toward successfully completing your ignition interlock requirement. Our experienced lawyers will be by your side every step of the way, from installation to removal and license reinstatement.
