An ignition interlock device (also referred to as a Blow-and-Go Device) is an in car alcohol breath screening device that is connected to the engine’s ignition system to prevent a vehicle from starting if it detects a blood alcohol level above a preset limit. There are many instances where the ignition interlock device is required to be installed on a motorist’s car in Louisiana. It is required as a condition of reinstatement for some motorists in Louisiana. An ignition interlock device must be installed in any motor vehicle operated by any of the following persons whose driver’s license has been suspended in connection with the following circumstances as a condition of the reinstatement of such person’s driver’s license:
(a) Any person who has refused to submit to an approved chemical test for intoxication, after being requested to do so, for a second arrest for DWI.
(b) Any person who has submitted to an approved chemical test for intoxication where the results indicate a blood alcohol level of 0.08 percent or above and whose driver’s license has been suspended in accordance with the law for an arrest occurring within ten years of the first arrest.
(c) Any person who is arrested for DWI and is involved, as a driver, in a traffic crash which involves moderate bodily injury or serious bodily injury as defined in R.S. 32:666(A).
(d) Any person who is arrested for DWI and a minor child twelve years of age or younger was a passenger in the motor vehicle at the time of the commission of the offense.
The ignition interlock device is also required for a motorist to be granted a restricted license so that he can drive after he has been arrested and his license has been suspended for a first or second offense DWI. In this instance, the motorist can have his license immediately reinstated so that he can drive and earn a living. The motorist who is eligible for this type of restricted license is that motorist who either refused to submit to the blood alcohol test or who submitted to the blood alcohol test and the test showed a blood alcohol level of least 0.08 percent and less than 0.20 percent. When the motorist has proven to the Louisiana Department of Public Safety and Corrections that his motor vehicle has been equipped with a functioning ignition interlock device, he is immediately eligible for and will be granted a restricted license.
In other words, these motorists can obtain a restricted license as a result of the ignition interlock devices being stalled on their cars for the entire time that their driver’s licenses are suspended.
Further an ignition interlock device is required for those motorists who have been convicted of vehicular negligent injuring or for DWI.
An ignition interlock device may also be required as a condition of probation for certain DWI offenders. It is also against the law to tamper with or circumvent the operation of an ignition interlock device that has been installed on a car as a condition of driving a motor vehicle in Louisiana.
If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend appointments are available by appointment. We will work around your schedule.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2015 Gaynell Williams LLC Attorney at Law. Published October 23, 2017.