Tampering with Ignition Interlock Devices in Georgia
Having an ignition interlock device (IID) installed on your vehicle is a requirement for second and subsequent DUI convictions. IIDs are similar to breathalyzers that connect to the car's ignition, and the driver must blow into the device before the car starts. If any alcohol is detected, the car will not start. Furthermore, the newer models of the IIDs require the driver to also blow into the device while driving. This prevents the driver from having a sober friend help start the vehicle. If you or your loved one are required to install an ignition interlock device on your vehicle, there are some important things for you to know. Our Georgia DUI Lawyers have been working with people charged with DUI for over 25 years and can advise you if you have any questions. Furthermore, if you are charged with tampering with an ignition interlock device, it is critical that you hire an attorney immediately, or else you will face severe consequences. Contact our office today.
Georgia Laws On Tampering with an Ignition Interlock Device
O.C.G.A. §42-8-118 outlines three ways in which a person can be convicted of tampering with an ignition interlock device:
a) It is unlawful for any person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(b) It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111.
(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
Additionally, a failure to provide an adequate sample will also be logged and reported to the probation officer.
Penalty for Tampering with an Ignition Interlock Device in Georgia
If convicted of tampering with an IID device, the accused will be charged with a misdemeanor punishable by a fine up to $1,000, up to one year in jail, or both. Additionally, it will likely result in a probation revocation hearing where the judge forgoes the rest of probation and requires the driver to finish their sentence in jail. Another possible outcome is that the judge may extend the amount of time the IID will remain on your vehicle.
Can an Ignition Interlock Device be Wrong in Georgia?
There are some situations where the ignition interlock device will report a false positive. The device is unable to tell the difference between isopropyl alcohol and ethyl alcohol. Things that contain isopropyl alcohol include mouthwash, hand sanitizers, hand wipes, and gels. Therefore, if you have used mouthwash and report positive for alcohol, mouthwash may have been the reason. If you have to use an IID, it is best to avoid consuming anything for at least 20 minutes before using it.
If the device registers alcohol, but you believe it to be a false positive, you need legal representation immediately! False positives are rare, and you need the assistance of an experienced Georgia tampering with an ignition interlock device attorney to prove your innocence. Our Attorneys have over 50 combined years of DUI defense expertise and are prepared to assist with your case now.
Contact Us Today if Charged with Tampering with an Ignition Interlock Device in Georgia
There are severe consequences to tampering with an IID. If you have an ignition interlock device installed on your vehicle, the best thing you can do is to follow the rules and regulations and never attempt to drive after consuming alcohol. However, if you find yourself charged with tampering, contact our attorneys today. We will help make sure your rights, freedoms, and future are protected!