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Steven A. Tomeo & Associates, LLC

THE INTOXALOCK WEBSITE GIVE THE FOLLOWING INFORMATION IN A NICE EASY TO UNDERSTAND FORMAT. THE FOLLOWING IS TAKEN WORD FOR WORD FROM THE WEBSITE.

You just received a drunk driving offense and are probably overwhelmed and confused as to what the next steps are.

One of the most common requirements following a drunk driving offense is the installation of an ignition interlock device, or car breathalyzer.

This guide will give you all the information you need about what an ignition interlock device is, how it works, what the cost is and more. We’re here to answer all your questions and get you back on the road.

Relax. We’ll take it from here.

What is an ignition interlock device?

An ignition interlock device is a handheld breathalyzer that is installed directly into your vehicle. The devices come in different shapes and sizes but are usually about the size of a television remote.

The first ignition interlock device hit the market in 1988 and after proving to be successful in preventing drunk driving fatalities, their use nationwide has increased each year.

An ignition interlock device is comprised of a few different pieces:

  • Handheld unit
  • Mouthpiece
  • Relay cord connecting the device to your vehicle
  • Camera unit (if required to have by your state)

There are numerous ignition interlock device manufacturers in the United States and each device looks a little different but ultimately, they all have the same components and are roughly the same size.

The handheld fits comfortably in your center console and the relay cord is long enough to allow you to move the device around your front seat, as needed. The camera (if required), is mounted to the front windshield by an official installer.

Now that you’ve had a brief introduction to what an ignition interlock device actually is, let’s dive deeper into how it works.

2. How does an ignition interlock work?

Ignition interlock devices have two main jobs:

1. Prevent somebody from starting their car while intoxicated

2. Guarantee continued sobriety from the driver throughout their time behind the wheel

Let’s look at how the devices work to accomplish each of these goals.

Preventing a driver from starting the vehicle while intoxicated

Anybody with an ignition interlock device installed in their vehicle will be required to provide a breath sample into the mouthpiece of the device before they are able to start their vehicle.

State certified ignition interlock devices use a fuel cell technology to measure the amount of alcohol on the user’s breath. If the breath sample detects alcohol at or above the limit set by the state (usually 0.02), the car will not start.

If the breath sample returns a breath alcohol concentration (BrAC) below that set limit, the driver will be able to insert their key into the ignition and start their vehicle.

Each state has individual ignition interlock device laws and regulations that determine what happens if you provide a failing breath sample.

Some states allow you to try again after waiting a short period of time but may lock you out after so many failed samples. More about lockouts later on in the guide.

Other states allow you to continue blowing into the device until you’ve provided a passing breath sample and can start your car.

Your ignition interlock provider, attorney, court or Motor Vehicle Department can walk you through the requirements in your state so there aren’t any surprises.

Of course, the best way to get through an interlock requirement is to refrain from trying to drive after consuming any alcohol.

You will have 4-6 minutes to complete a random retest

Continuous sobriety while the vehicle is running

Once your vehicle is started, an ignition interlock device will require you to continue providing breath samples throughout the duration of your trip.

Simply put, this ensures that the driver doesn’t just have a sober person start their vehicle for them so they could continue driving after drinking.

These continued tests, often referred to as random retests, are required by your state and all ignition interlock providers must abide by state laws requiring them.

Most ignition interlock providers give the driver 4-6 minutes to complete a retest once prompted. This allows the driver to pull over to the side of the road if needed or take extra precautionary measures if driving in heavy traffic.

Are retests safe?

Retests have proven to be safe and effective at separating drinking from driving and if done safely, can be executed without any issues. Your device will beep when a retest is required. At this time, you’ll simply provide a breath sample into the mouthpiece and can continue driving.

If you provide a breath sample with a BrAC above the limit set by your state, your vehicle will signal you to pull over and turn your car off. As with most things related to ignition interlock devices, the specifics differ by state.

Some states will require your horn to beep or your lights to flash after a failed retest until you turn your vehicle off. In NO situation will the ignition interlock device be able to actually turn your car off, though. Once your vehicle has been started, no ignition interlock device is able to turn it off.

What else might an ignition interlock device be called?

Ignition interlock device is the industry standard term, but like all other products, there are variations around what the mechanism is called. Often the devices are referred to as “car breathalyzers.”That makes sense in literal terms as an ignition interlock device is, by definition, a breathalyzer for your vehicle.

You may also see “ignition interlock device” simply abbreviated as “IID.” This will often appear on paperwork and court order requiring you to install one of the devices.

If your device isn’t being referred to as ignition interlock device, an IID or a car breathalyzer, it may be called a “breath alcohol ignition interlock device” or “BAID”. This terminology is primarily used in the state of Illinois but does appear in other states.

There are a number of home grown terms out there describing ignition interlock devices, like “blow ‘n’ go”, but most often, you’ll see it referenced as one of the classic names above.

3. Who needs an ignition interlock?

Since California became the first state to pass an ignition interlock law in 1988, interlocks quickly became established as the most effective way to prevent repeat drunk driving offenses.

License suspensions, the alternate to ignition interlock devices, are difficult to enforce and prove to be ineffective, as three out of four people with suspended licenses continue to drive, according to Mothers Against Drunk Driving (MADD).

Read more about the penalties for driving with a suspended license in your state.

Currently, 30 states, plus Washington D.C., require ignition interlock devices for all drunk driving offenders. States such as West Virginia, Arizona, Louisiana and New Mexico have seen drastic decreases in the number of alcohol related traffic fatalities after implementing all offender ignition interlock laws

All offender states

All-Offender

National organizations, like MADD and National Highway Traffic Safety Administration (NHTSA) publicly support ignition interlock devices and push for their implementation for all drunk driving offenders.

According to MADD, ignition interlock devices have prevented over 2.3 million attempts to start a vehicle while intoxicated. As a result, thousands of lives have been saved because of ignition interlock devices.

Frequently Asked and Answered Question as Published on the Connecticut DMV Website

What is an ignition interlock system?

A Breath Alcohol Ignition Interlock Device (BAIID) is a breath alcohol analyzer with microcomputer logic and internal memory that interconnects with the ignition and other control systems of a motor vehicle.

What is an ignition interlock program?

An interlock program is a structured means of providing a convicted impaired driver a restricted driving privilege. Program participant must meet eligibility criteria and agree to abide by enforceable program guidelines that include the abstention from drinking alcohol prior to driving.

Why do we need an interlock program?

The habitual or problem drinking driver is not being reached by current methods of rehabilitation and driving suspensions. The recidivism rate for these individuals remains high. The interlock program is an immediate and effective deterrent against those who would drink and drive.

What is the effectiveness of an interlock program?

Based on recent studies conducted in the United States, problem drinkers who have participated in an interlock program, as compared to traditional sanctions, have re-arrest rates reduced by sixty five percent.

What is the type of license restriction?

Anyone who is allowed to enter the ignition interlock program is given a license which restricts the licensee to drive only vehicles that are equipped with an approved ignition interlock device.

How is the ignition interlock program enforceable?

After a licensee is accepted into the IID program, an approved IID will be installed by an approved installer and verified before the restricted license is issued. The licensee will have to bring the vehicle back to the installer every thirty days for calibration. The internal memory of the interlock will be read and a report will be available to the Department of Motor Vehicles. This report will detail every driving event and any attempts to tamper or circumvent the IID.

Who pays for the ignition interlock program and what is the cost?

Participants of the ignition interlock program must pay all costs involved with the installation and maintenance of the IID directly to the vendor. Costs are determined by each individual vendor.

Can a balloon or other device be used to circumvent the IID?

No, devices currently available have anti-circumvention technology which causes the interlock to abort a bogus breath sample.

Can someone else take the breath test for the driver to start the vehicle?

Not legally. Anyone who requests someone to take the test for them will be subject to arrest.

Will the unit lose all memory if the battery is removed or disconnected?

No, a lithium battery provides back up memory to protect the data log.

Can a vehicle be “Hot Wired” to start without a breathe test?

Yes, but the unit will detect the violation and call for a breath test. If a breath sample is not given, the horn will blow and the lights will flash. A violation will be noted and an early service call is activated.

Can a participant leave his car running outside of a drinking establishment and then drive away?

No, the IID will randomly ask for a retest while the car is running. If a breath test is not given the horn and light alarm will be activated and the unit will log a violation.

What happens when an individual fails to have their vehicle calibrated?

The IID will lock out the vehicle and will prevent further operation of the vehicle on the scheduled service appointment day. Five to seven days before the calibration date the IID will remind the licensee via display on the IID that they’re due for their service appointment. The vehicle would then have to be towed to the installation center.

What if the participant is taking medication or mouthwash with an alcohol base ?

Alcohol is alcohol. If the Breath Alcohol Count (BAC) is over the preset level, the vehicle will not start and a fail will be noted in the memory.

What happens when a breath test is failed?

A short lockout period of a few minutes for the first failed BAC will occur giving a chance for a retest. A longer lock out period for subsequent BAC test allow for alcohol to dissipate from the mouth and for the licensee to realize the reason for the failed BAC test.

If the IID malfunctions, will the vehicle shut off?

No, the IID cannot interrupt the operation of the vehicle once it is started.

What happens if the vehicle stalls in traffic?

The IID has a stall grace period, which allows the licensee the ability to start the vehicle without a breath sample, which will be recorded.

Will installation of an IID damage a vehicle?

No, the IID is only connected to the wiring of the vehicle and at the end of the time of restricted operation the wiring is restored to its former condition.

Will taking the “running retest” cause distracted driving by the operator?

No, when the retest signal is activated the licensee is given a few minutes to pull over and provide the breath sample. One must merely blow into the IID to complete the breath test.

How often will the IID be calibrated?

Every thirty (30) days.

Can a computer tamper with the IID?

No, unique and proprietary software and interface connections are needed to communicate with the IID.

How do I get an application for the IID or a list of approved vendors?

You could download the application form (Form P-246) from our website or contact the Driver Services Division at (860) 263-5720.

The Connecticut Ignition Interlock Program

Ignition Interlock Device Program

The Law

If you are suspended for any of the following offenses you will be required to install an Ignition Interlock Device (IID) before your driver’s license can be reinstated in Connecticut:

  • Failing or refusing a chemical alcohol test
  • Operating under the influence of alcohol or drugs
  • Vehicular manslaughter
  • Vehicular assault

More information on license suspensions and other penalties can be found here.

What to Do

  • Contact one of the Connecticut-approved IID vendors to schedule an appointment to have the IID installed. The vendor will notify DMV.
  • Pay the $175.00 restoration fee and the $100.00 IID Administration fee. Fees may be paid by a check or money order made payable to DMV or you can pay the fees online.

You should install your IID and pay your fees to DMV at least 10 days prior to your eligibility date. If paying fees by mail, your fees should be submitted 20 days prior to your eligibility date.

Getting Your License Back

You may have other suspension matters in addition to the IID which must be resolved in order to be reinstated.

After all restoration requirements are met and your suspension time has been served, you will be reinstated with IID requirement. A final approval letter/restoration notice will be mailed to you. You may operate only a vehicle equipped with an IID for the duration required.

After you are restored, you must ensure that you have a current, valid driver license. If you were issued a Connecticut non-driver photo ID card during the suspension, you may exchange the ID for your previously held Connecticut driver’s license.

If you hold an out-of-state driver license or registration, you must verify with the issuing state that it is valid before operating a vehicle. If you are now a Connecticut resident, you must transfer your out of state license to Connecticut.

IID Requirement from Another State

If you have moved to Connecticut and you have an IID requirement from your previous home state, your requirements will carry over to Connecticut.

Prior to getting a Connecticut license, you must complete this process with DMV’s Driver Services Division:

  • Submit the terms of the other jurisdiction’s IID restriction.
  • Submit a certified copy of your driving history issued by the state that imposed the IID restriction. The history must be less than sixty (60) days old on the date it is submitted
  • If your IID is currently installed by one of the Connecticut approved IID vendors, have the vendor submit the installation information to DMV. If the IID is installed by a non-approved vendor, contact one of the Connecticut-approved IID vendors to have a new IID installed.
  • Pay the $100.00 IID Administration fee. Fees may be paid by a check or money order made payable to DMV and submitted with your IID application or you can pay the fees online.

Once your application has been approved, you must obtain a Connecticut driver’s license and Connecticut vehicle registration within 30 days.

Your Responsibilities with an IID

  • Your DMV record will indicate that an IID must be installed in each vehicle(s) owned or operated by you. Law enforcement officials will have access to this information.
  • You must bring each vehicle to the installer every 25-30 days for calibration. Failure to do so will result in the suspension of your driver’s license for failure to comply with the terms of the IID program.
  • Anyone convicted of tampering with an IID, requesting someone else to blow into the IID, driving a vehicle without an IID, or who removed the IID without authorization will have their driver’s license suspended.
  • See additional violations and penalties for failure to comply with the terms of the IID program.

Vendor List

You can call the toll free number(s) below for IID cost, installation, or appointment information.

Sensolock of America 1-800-219-9936 www.sensolock.com
Simple Interlock 1-844-432-4775 www.simpleiid.com
Smart Start 1-866-348-4297 www.smartstartinc.com
Alcolock 1-866-790-8030 www.alcolockct.com
Alcohol Detection Systems 1-888-786-7384 www.ADSinterlock.com
Draeger Inc. 1-800-332-6858 www.draegerinterlock.com
Intoxalock 1-844-837-0676 www.intoxalock.com
LifeSafer Inc. 1-855-892-7792 www.lifesafer.com
Low Cost Interlock 1-844-276-0548 www.lowcostinterlock.com

Device Costs

Participants in the IID program must pay all costs related to the installation and maintenance of the IID directly to the vendor. Costs are determined by the independent vendors and not the DMV.

For More Information

For information concerning license reinstatement or IID requirements, contact the DMV’s Driver Services Division:

Mailing Address:
Department of Motor Vehicle
Driver Services Division
60 State Street
Wethersfield, CT 06161-1013

Email: dmv.suspension@ct.gov

DEFINITIONS REGARDING THE CONNECTICUT IGNITION INTERLOCK DEVICE

Regulations of Connecticut State Agencies

Title 14. Motor Vehicles. Use of the Highway by Vehicles. Gasoline

SuperBrowse Department of Motor Vehicles (3)

SuperBrowse Ignition Interlock Devices (Refs & Annos)

Regs. Conn. State Agencies § 14-227a-12a

Sec. 14-227a-12a. Definitions

Currentness

As used in sections 14-227a-11a to 14-227a-28a, inclusive, of the Regulations of Connecticut State Agencies:

(1) “Alcohol set point” or “start-up set point” means the blood alcohol content, established pursuant to subsection (a) of section 14-227j of the Connecticut General Statutes, at or above which the device shall prevent the motor vehicle in which it is installed from starting;

(2) “Applicant” means a manufacturer or vendor, or its authorized representative, who is seeking the Department’s approval of an ignition interlock device;

(3) “Approved applicant” means a manufacturer or vendor, or its authorized representative, who has obtained approval of an IID by the commissioner in accordance with section 14-227a-14a of the Regulations of Connecticut State Agencies;

(4) “Blood alcohol content” or “BAC” means the grams of ethyl alcohol per one hundred (100) milliliters of blood expressed as percentage, or grams of alcohol per 210 liters of breath;

(5) “Circumvent” means an overt attempt to bypass the ignition interlock device by providing samples other than the natural unfiltered breath of the operator, or by starting the vehicle without using the ignition switch, or any other act intended to allow the vehicle to start or continue to operate without the operator first taking and passing a breath test;

(6) “Commissioner” means the Commissioner of Motor Vehicles;

(7) “CSSD” means the Court Support Services Division of the Judicial Branch of the State of Connecticut;

(8) “Department” means the Department of Motor Vehicles;

(9) “Device” means an ignition interlock device or breath alcohol ignition interlock device;

(10) “Failed rolling re-test” means a breath test taken by the operator of a motor vehicle equipped with an ignition interlock device while the vehicle is running that shows the operator has a BAC at or above the alcohol set point;

(11) “Failed start up test” means a breath test taken by the operator of a motor vehicle equipped with an ignition interlock device prior to starting the vehicle’s ignition which registers a BAC at or above the alcohol set point, and which prevents the vehicle from starting;

(12) “Ignition interlock device”, also known as “IID” or “breath alcohol ignition interlock device”, has the same meaning as provided”, in subsection (a) of section 14-227j of the Connecticut General Statutes;

(13) “Independent testing laboratory” means a testing laboratory or analytical chemist not affiliated with a manufacturer of ignition interlock devices that is qualified to test ignition interlock devices or reference samples;

(14) “Installer” means a manufacturer’s or vendor’s representative who is authorized to install, inspect, calibrate, maintain and remove an ignition interlock device;

(15) “Manufacturer” means any person who engages in the manufacturing or assembling of ignition interlock devices;

(16) “Model specifications” means the Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID) of the National Highway Traffic Safety Administration, published in 78 Federal Register 26849, or any amendment thereto;

(17) “Operating Privilege” means the nonresident motor vehicle operating privilege granted to a licensed resident of another state, province or country under section 14-39 of the Connecticut General Statutes;

(18) “Operator” has the same meaning as provided in section 14-1 of the Connecticut General Statutes;

(19) “Owner” has the same meaning as provided in section 14-1 of the Connecticut General Statutes, and includes a lessee of a motor vehicle;

(20) “Purge” means the process whereby a device cleanses or removes a previous breath test sample from the device and specifically removes residual alcohol;

(21) “Rolling re-test” means a breath test required within randomly variable intervals while an operator is driving a motor vehicle equipped with an IID to ensure that the operator’s BAC remains below the alcohol set point;

(22) “Security” means the protection and safeguards incorporated into ignition interlock devices to ensure proper performance and to ensure against failure caused either by inherent defects or human tampering that causes the device not to operate as designed;

(23) “Service center” means a physical location in Connecticut where IIDs are installed, inspected, monitored, calibrated, maintained and removed and includes mobile service units;

(24) “Service period” means the interval between service visits;

(25) “Service visit” means a required visit to a service center to have an IID inspected, monitored, calibrated, maintained or removed, and includes an initial service visit, monthly service visits and a visit to a service center as a result of a violation or malfunction of the device;

(26) “Tampering” means an overt attempt to physically alter or disable an IID, or disconnect it from its power source, or remove, alter or deface physical anti-tampering measures, so an operator is able to start or continue to operate the motor vehicle without taking and passing a required breath test;

(27) “Vendor” means any person that provides or distributes an approved IID and;

(28) “Violation” means one of the following acts or omissions by a person who is required to operate a motor vehicle with an IID:

(a) Failing to appear for an IID scheduled service visit within five (5) days of the scheduled service date;

(b) Failing a rolling re-test;

(c) Failing to submit to a rolling re-test;

(d) Tampering with or attempting to tamper with the IID, based upon a report to the commissioner and CSSD from the manufacturer or vendor, or its authorized representative, or the installer;

(e) Operating a motor vehicle without a required IID;

(f) Removing or causing to be removed an IID without proof of written authorization from the commissioner;

(g) Requesting or soliciting another person to blow into or otherwise activate the device for the purpose of providing the restricted operator with an operable motor vehicle;

(h) Circumventing or attempting to circumvent the IID, based upon a report to the commissioner and CSSD from the manufacturer or vendor, or its authorized representative, or the installer; and

(i) Failing an initial start-up test when the operator’s BAC is at or above five hundredths of one percent.

Credits

(Added effective September 7, 2005; Amended effective December 31, 2012; May 1, 2017.)

<Statutory Authority: C.G.S.A. § 14-227a>

Current with material published on the CT eRegulations System through 08/18/2020.

Regs. Conn. State Agencies § 14-227a-12a, CT ADC § 14-227a-12a

Effective: October 1, 2019 Violation of Driving Without Court Ordered IID

C.G.S.A. § 14-227k

  • 14-227k. Avoidance of, tampering with or failure to install ignition interlock device

Currentness

(a) No person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j, by the Commissioner of Motor Vehicles or by any provision of law that requires the use of an ignition interlock device, shall (1) request or solicit another person to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing such person with an operable motor vehicle, or (2) operate any motor vehicle not equipped with a functioning ignition interlock device or any motor vehicle that a court has ordered such person not to operate.

(b) No person shall tamper with, alter or bypass the operation of an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j, by the Commissioner of Motor Vehicles or by any provision of law that requires the use of an ignition interlock device.

(c) Any person who completes the terms of a license suspension and is eligible for reinstatement of such person’s motor vehicle operator’s license or nonresident operating privilege, provided such person installs and uses a functioning, approved ignition interlock device, but who fails to install such ignition interlock device, is prohibited from operating any motor vehicle until such person installs an ignition interlock device and such person’s motor vehicle operator’s license or nonresident operating privilege is reinstated by the Commissioner of Motor Vehicles.

(d) (1) Any person who violates any provision of subdivision (1) of subsection (a) or subsection (b) of this section shall be guilty of a class C misdemeanor.

(2) Any person who violates any provision of subdivision (2) of subsection (a) of this section or subsection (c) of this section shall be subject to the penalties set forth in subsection (c) of section 14-215.

(e) Each court shall report each conviction under subsection (a), (b) or (c) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator’s license or nonresident operating privilege of the person reported as convicted for a period of one year.

Credits

(2003, P.A. 03-265, § 3; 2004, P.A. 04-199, § 33; 2011, P.A. 11-48, § 55, eff. Jan. 1, 2012; 2011, P.A. 11-51, § 220, eff. Jan. 1, 2012; 2012, P.A. 12-178, § 4, eff. July 1, 2012; 2017, P.A. 17-79, § 13, eff. July 1, 2017; 2019, P.A. 19-119, § 8, eff. Oct. 1, 2019.)

  1. C. G. S. A. § 14-227k, CT ST § 14-227k

The statutes and Constitution are current with all enactments of 2020 Regular Session and enactments of Public Acts from the 2020 July Special Session enrolled and approved by the Governor on or before July 31, 2020 and effective on or before July 31, 2020.

The Penalty for Driving Without the IID

Effective: October 1, 2016

C.G.S.A. § 14-215

  • 14-215. Operation while registration or license is refused, suspended or revoked. Operation in violation of restriction or limitation on operator’s license or right to operate motor vehicle that requires use of ignition interlock device. Penalty

Currentness

(a) No person to whom an operator’s license has been refused, or, except as provided in section 14-215a, whose operator’s license or right to operate a motor vehicle in this state has been suspended or revoked, shall operate any motor vehicle during the period of such refusal, suspension or revocation. No person shall operate or cause to be operated any motor vehicle, the registration of which has been refused, suspended or revoked, or any motor vehicle, the right to operate which has been suspended or revoked.

(b) (1) Except as provided in subsection (c) of this section, any person who violates any provision of subsection (a) of this section shall, for a first offense, be fined not less than one hundred fifty dollars or more than two hundred dollars or imprisoned not more than three months, or be both fined and imprisoned, and, for any subsequent offense, be fined not less than two hundred dollars or more than six hundred dollars or imprisoned not more than one year, or be both fined and imprisoned.

(2) Except as provided in subsection (c) of this section, in addition to the penalty prescribed under subdivision (1) of this subsection, any person who violates any provision of subsection (a) of this section who (A) has, prior to the commission of the present violation, committed a violation of subsection (a) of this section or section 14-36 shall be fined not more than five hundred dollars or sentenced to perform not more than one hundred hours of community service, or (B) has, prior to the commission of the present violation, committed two or more violations of subsection (a) of this section or section 14-36, or any combination thereof, shall be sentenced to a term of imprisonment of one year, ninety days of which may not be suspended or reduced in any manner.

(c) (1) Any person who operates any motor vehicle during the period such person’s operator’s license or right to operate a motor vehicle in this state is under suspension or revocation on account of a violation of section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-56b or 53a-60d or pursuant to section 14-227b, or in violation of a restriction or limitation placed on such person’s operator’s license or right to operate a motor vehicle in this state by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a or pursuant to an order of the court under subsection (b) of section 14-227j, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year, and, in the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner.

(2) Any person who operates any motor vehicle during the period such person’s operator’s license or right to operate a motor vehicle in this state is under suspension or revocation on account of a second violation of section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or section 53a-56b or 53a-60d or for the second time pursuant to section 14-227b, or in violation of a restriction or limitation placed for the second time on such person’s operator’s license or right to operate a motor vehicle in this state by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a or pursuant to an order of the court under subsection (b) of section 14-227j, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than two years, and, in the absence of any mitigating circumstances as determined by the court, one hundred twenty consecutive days of the sentence imposed may not be suspended or reduced in any manner.

(3) Any person who operates any motor vehicle during the period such person’s operator’s license or right to operate a motor vehicle in this state is under suspension or revocation on account of a third or subsequent violation of section 14-227a or 14-227m, subdivision (1) or (2)of subsection (a) of section 14-227n or section 53a-56b or 53a-60d or for the third or subsequent time pursuant to section 14-227b, or in violation of a restriction placed for the third or subsequent time on such person’s operator’s license or right to operate a motor vehicle in this state by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a or pursuant to an order of the court under subsection (b) of section 14-227j, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than three years, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced in any manner.

(4) The court shall specifically state in writing for the record the mitigating circumstances, or the absence thereof.

I have given you the statutory law as it pertains to your criminal case on the IID. The following is from the DMV Website.

Ignition Interlock Device Program

Additional Penalties and Violations

Effective Immediately: Any violation and penalty associated with failing to meet the 30-day recalibration of the ignition interlock device will be waived between March 10, 2020 and June 8, 2020. For additional DMV service updates, visit https://CTDMV.info

If you commit any of the violations listed below, Connecticut regulation §14-227a-12a, requires the DMV to extend your IID requirement by thirty (30) days for each violation. The IID vendor determines violations based on your calibration reports and submits electronic notification to DMV:

  1. Failing to appear for IID service within five days of your scheduled service date*
  2. Failing a rolling retest
  3. Failing to submit to a rolling retest
  4. Failing a startup test with a BAC of 0.05 or higher
  5. Tampering with OR attempting to tamper with the IID
  6. Circumventing OR attempting to circumvent the IID
  7. Operating a vehicle without the required IID
  8. Removing the IID without proof of written authorization from DMV
  9. Requesting or soliciting another person to blow into or otherwise activate the device for the purpose of providing the restricted driver with an operable motor vehicle

*Any violation and penalty associated with failing to meet the 30-day recalibration of the ignition interlock device will be waived between March 10, 2020 and June 8, 2020.

If your vendor reports any violations to DMV, a letter will be sent to the address on record, notifying you of the IID violation and the extension of the IID requirement. You may contest your IID violations by submitting a letter with your full legal name, date of birth, license/permit/ID number, the violation date(s), and an explanation of the events that occurred. You must provide your calibration logs and supporting documents to the following address:

Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, Connecticut 06161-1013

Drivers Services will determine if the documents submitted support the removal of the violation(s). A letter will be sent to you with the decision.

If your license is suspended while you are participating in the IID program, you will not be given credit towards completion of the IID requirement during the term of the suspension.

For individuals on probation supervision, all violations will be reported to the Court Support Services Division of the Judicial Branch (Probation Department), including all instances of being unable to start your car due to having an alcohol level above the threshold.

The above indicates the penalties you get if driving without the IID after you lost your DMV Administrative Per Se Hearing and Have received a conviction from the Court in the Criminal Motor Vehicle Case.

NOW I AM GOING TO GIVE YOU THE DMV REQUIREMENTS FOR THE IID WHEN YOU INITIALLY LOSE YOUR ADMINISTRATIVE PER SE DMV SUSPENSION HEAR AND/OR YOU ARE CONVICTED OF A DUI.

  1. Administrative Per Se through DMV for failing or refusing a chemical alcohol test

When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV. Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test. In most cases, the suspension will begin 30 days after the arrest date. The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.

A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing. If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

You may also contact the Administrative Per Se Unit to request a hearing by email at DMV.AdminPerse@ct.gov

Beginning with arrest dates on or after July 1, 2015, all driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

IID requirement for drivers under 21 years old*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .02 or higher 1 year 2 years 3 years

IID requirement for drivers 21 Years Old and Older*

Blood Alcohol Level First Offense Second Offense Third or Subsequent Offense
Test results of .08 or higher 6 months 1 year 2 years

IID requirement for ALL drivers*

Refusal of test First Offense Second Offense Third or Subsequent Offense
Refusal to submit to a breath, urine, or blood test 1 year 2 years 3 years

*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute §14-227a, §14-227g, §14-227m, or§14-227n for the same arrest, the IID may be required for a longer term. The IID is required for the duration specified in Connecticut General Statute §14-227b(i), §14-227a(g), §14-227m(c), or §14-227n(c) whichever is longer. See Section 2 below

  1. Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

Under Connecticut’s criminal law, a driver arrested for OUI will receive both a summons and a court date. If the court proceedings result in a conviction, the following penalties must be imposed by the Department of Motor Vehicles:

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, §14-227m, §14-227n*, or §14-111n

Conviction on or after July 1, 2015

First Conviction 45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for one year following restoration, or for the duration required under the Administrative Per Se law, whichever is longer. If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the one year requirement

* A first conviction under

§14-227n has the same penalties as a second conviction

Second Conviction 45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the three year requirement

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction after January 1, 2012

First Conviction 45 day license suspension

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the

suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for one year following restoration

Second Conviction 45 days license suspension, or until 21st birthday, whichever is longer.

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the

suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an

alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction prior to January 1, 2012

Under Age 21

First Conviction 1-year license suspension
Second Conviction 3-year license suspension, or until 21st birthday, whichever is longer
Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

Age 21 or older

First Conviction 1-year license suspension
Second Conviction 1-year license suspension
Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

Manslaughter with a Motor Vehicle,

Connecticut General Statute §53a-56b or §14-111n

Assault with a Motor Vehicle, Connecticut General Statute §53a-60d or §14-111n

First Conviction 1-year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Second Conviction 1-year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Third or Subsequent Conviction Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

To determine if a conviction is a first, second, or third/subsequent offense, any and all convictions reported under Connecticut General Statutes §14-111n, §14-227a, §14-227g, §14-227m,§14-227n, §53a-56b or §53a-60d are considered.

For information concerning restoration or IID requirements, you may write or call:

Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161-1013
dmv.suspension@ct.gov
Phone: 860-263-5720

Interviewer: When did the ignition interlock come into play? Was it only after a conviction or can it happen before you’re convicted?

Steven Tomeo: The way it works on a conviction is – say a person is found guilty or pleads guilty – after your conviction you will get a letter from the Department of Motor Vehicles suspending your license for 45 days and advising you at the end of the 45-day period you can receive the ignition interlock device for the appropriate period of time-based on what conviction number you have.

Interviewer: It only comes after a conviction then?

Steven Tomeo: No. If you have never had a conviction or any DUI and you get an administrative suspension from the Department of Motor Vehicles, there will be an ignition interlock component, also.

Criminal v. Administrative Case

Interviewer: Okay, so if you’re in a case and you’re able to successfully fight the criminal portion of it but lose the driver’s license portion of it, do you still have to have an ignition interlock?

Steven Tomeo: That’s right, or if you qualify for a diversionary program like the alcohol education program, which gets the case dismissed, and then you have your DMV portion; you just do not get a suspension. You would get a suspension with the ignition interlock device.

Diversionary Programs

Interviewer: Now there’s no safe harbor for people – except a total dismissal – to avoid having an ignition interlock?

Steven Tomeo: That’s right.

Interviewer: Okay. What about when people are thinking, “Oh, I’ll just get into the AEP program. That will solve everything”?

Steven Tomeo: It won’t solve everything. That’s the problem. In other words, they give you the diversionary program because it’s your first time. That’s in court and you get the case dismissed but the second part of it is the Department of Motor Vehicles suspension hearing. You get a suspension, and you’ve got to drive with the ignition interlock device.

STEVEN TOMEO, ESQ.

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