Ignition Interlock Devices in Georgia

One of the potential penalties associated with DUI offenses in Georgia is driving with an Ignition Interlock Device (IID) fitted to your vehicle.

Depending on the circumstances of a DUI, you will lose your license for a period and/or be faced with a choice of driving with such a device fitted. The Ignition Interlock Device locks the vehicle’s engine unless an in-vehicle breath test returns a zero-alcohol reading.

Understanding these devices, the associated costs, your obligations when using the device, and when you can drive legally again after a DUI can help you stay out of trouble.

An ignition interlock device is a mini-breathalyzer that is fitted to the vehicles of individuals who have committed alcohol-related driving offenses in Georgia. These devices test whether the driver has consumed alcohol before the vehicle starts and randomly throughout the journey.

The driver blows into a mouthpiece before starting or continuing to drive the vehicle. Because the IID is directly connected to the engine’s ignition system, the engine will not start if any alcohol is detected.

Since 2017, drivers accused of a first-time DUI, where chemical testing is refused or the license was seized, have had two choices:

1. Request an Administrative License Suspension (ALS) hearing, or
2. Waive the right to a hearing and install an ignition interlock device in their vehicle.

If you select the second option, the length of time you must use the device will depend on the circumstances surrounding your arrest. Drivers who submit to a breath test will need to drive with the device for four months to one year after an initial 120-day hard suspension.

However, an arrest for a breath test refusal almost always results in a full year of driving with the device.

First-time offenders with a BAC of 0.15 or higher, or those who cause injury, are also mandated to install the device for one year.

Georgia drivers arrested for a second or subsequent DUI within five years are mandated to register for the ignition interlock provider program and install the device for at least 12 months to drive legally—following the standard 120-day revocation of driving privileges.

Ignition Interlock Devices come not only with legal responsibilities. They can also be a financial burden on a DUI offender. Multiple fees apply and the offender is responsible for them all.

Installing the device in a vehicle will cost $100-$200. Monthly rental fees range from $70-$100 per month. There are also maintenance fees and calibration charges of $25-80 per month. Additionally, it may be more expensive to install an IID in a new or luxury vehicle.

At the end of the period, there will be additional fees to remove the device and reinstate your driver’s license.

An Ignition Interlock Device does not measure the BAC of a driver. It tests whether any alcohol is detected on the breath. If alcohol is detected by the device, the engine will not start.

For those on probation, other consequences besides not being able to drive the vehicle may apply. No alcohol consumption is generally a condition of probation. The Ignition Interlock Device will provide records of your breath samples that can be downloaded by your probation officer, who may review the results and decide to sanction any breaches of the no-alcohol condition.

Sanctions may include a warrant for the offender’s arrest and detention in jail until a hearing, up to 30 days later.

Some offenders who fit IIDs attempt to tamper with the device or deceive it into producing zero-alcohol readings. This is highly inadvisable as it can result in serious penalties.

There are three ways in which an individual can tamper with an IID:

1. By requesting or soliciting another person to blow into the device to start the vehicle.
2. By blowing into an IID to start the vehicle for a person with a restricted driving license.
3. By tampering with or circumventing the operation of an ignition interlock device.

Devices have been upgraded in recent years to make tampering more difficult. For instance, requesting random breath tests throughout the journey ensures that the same person who started the car provides the breath sample while driving and that no alcohol is consumed during the journey without being detected.

Device logs track every interaction with the IID, including attempts to start the car without providing a suitable breath sample.

Penalties for tampering with an IID can include a conviction for a misdemeanor offense, punishable by a fine up to $1,000, up to one year in jail, or both.

If the driver is on probation, the judge may order the offender to finish their sentence in jail or extend the period of driving with an Ignition Interlock Device.

To drive legally with an Ignition Interlock Device in Georgia, you need to register with the program and receive a permit. The 12-month IID permit is available to individuals arrested for DUI in Georgia who also meet these criteria:

• Georgia license holders
• Age 21 or older
• No other license suspensions or revocations
• No prior DUI in the past five years

These IID permits are not available to out-of-state licensed drivers, anyone with active suspensions or revocations on their Georgia license or drivers with a prior DUI conviction within the past five years. They are also unavailable if an accident with death or serious injury resulted from the driver’s actions.

Drivers convicted of a second DUI within five years may be eligible for a special limited Ignition Interlock permit so that they can drive legally again under strict conditions. This permit allows the offender to drive to a place of employment, education, addiction counselling sessions or to the IID service provider’s location.

Drivers who want to apply for this limited IID permit must meet the following criteria:

• 120 days must have elapsed from the plea/conviction date.
• The offender must be in either a DUI Court program or enrolled in clinical treatment.
• The offender must have completed a DUI School program.

If you’re facing DUI charges in Morgan County, Georgia, speak to a defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options, help you navigate the judicial system, and reduce the impact on your future. Contact us for a free consultation or call us at 706-438-1555.