Buffalo drivers convicted of Driving While Intoxicated – even first time offenders – are often required to have an ignition interlock device attached to any motor vehicle they will be driving if they wish to continue driving for work, school or other necessities.
The ignition interlock device is a machine attached to the motor vehicle that requires the driver to supply a breath sample both when attempting to start the vehicle and periodically after the vehicle is started.
If the driver “fails” the ignition interlock device test, his or her motor vehicle will not start or will shut off.
A driver “fails” the ignition interlock device testing when the device determines that he or she has been consuming alcohol based on testing of the driver’s breath.
A fail does not require that the driver have consumed enough alcohol to be considered intoxicated or even impaired by alcohol.
Instead, any test that results in a finding of alcohol on the driver’s breath will be considered a failing result.
While this standard is very low, there are certain safeguards built into the machine that are designed to avoid instances where the vehicle may shut off due to an inaccurate result.
First, federal and state law requires that the ignition interlock device be calibrated for accuracy and demonstrate accuracy with very narrow parameters.
Because no machine can be one hundred percent accurate, however, a very low score on the test – such as .01% or less – will not be considered a fail because it is outside the accuracy of the machine.
Second, a vehicle will not shut off based on the result of a single test.
Instead, if a test renders a positive result, the ignition interlock will require a second test within five to fifteen minutes.
The vehicle will only be rendered inoperable if the second test is also failed.
Many drivers convicted of drinking and driving will be required to have an ignition interlock device.
If you have been arrested and need to continue driving, we can discuss your options with you at 716-631-9999.