If you have a DUI conviction in Tennessee, you will have to install an Ignition Interlock Device (IID) in your vehicle. The purpose of the IID is to ensure sober driving and minimize the risk of repeat offenses. Sevierville drivers with one of these alcohol detection devices in their vehicle should understand the penalties associated with an IID violation. These are serious violations that have a range of consequences.
Key facts about IID laws in Tennessee
Anyone charged with a DUI, whether a first time or multiple-time offender, will need to install an IID in their car. The minimum ignition interlock sentence is 365 days, but there is more to this sentence than installation alone. Once your IID is installed in your car you must go through the DMV to update your driver’s license to a restricted license. Your sentence time frame begins when you obtain your restricted license with the IID already installed.
Your IID will have a camera component to it in order to verify that the driver is the one utilizing the breathalyzer. Be conscious of this camera and be sure to comply with all protocols set forth for its proper use. If you share your vehicle with family members, they must follow the same protocols. Whenever letting someone else drive your vehicle that is equipped with your device, be sure to stress this fact to avoid the serious implications of a potential IID violation.
What infractions can lead to an IID violation in Sevierville?
An ignition interlock violation occurs when a driver fails to comply with the established guidelines and requirements set forth by the state of Tennessee for operating a vehicle. Enforcement is amplified by the presence of an IID, but driving laws remain the same. Violations can occur due to a variety of reasons, including but not limited to:
- Failed or missed breath tests: The primary function of an IID is to measure the alcohol content in a driver’s breath before allowing the vehicle to start. If a driver fails a breath test by registering a blood alcohol concentration (BAC) above the preset limit or misses a required test, it will be considered a violation.
- Tampering with or circumventing the device: Any attempt to tamper with or bypass the IID is strictly prohibited. Actions such as having someone else take the breath test, disconnecting or manipulating the device, or attempting to start the vehicle without providing a breath sample will result in a violation. Such tampering will also result in jail time: a minimum of 48 hours for a first offense, 72 hours for a second offense, and at least seven (7) days for a third offense.
- Failing to comply with regular maintenance and reporting: Ignoring regular maintenance appointments of the IID system, failing to report any issues or malfunctions, or not adhering to the reporting requirements outlined by the IID program can also lead to violations. Again, if you share your vehicle with other members of your household be sure they know the proper IID protocols and follow them every time they drive.
If you receive a notice of violation for your ignition interlock device, do not hesitate to call the experienced DUI defense attorneys at Delius & McKenzie. Read our testimonials and see how we have helped our Sevierville neighbors fight and avoid the painful repercussions of an IID violation.
What are the penalties for violating my Sevierville IID sentence?
If you violate the rules regarding driving with an ignition interlock device (or if it appears as if you did), you can face some significant penalties. It is important to note that the severity of the penalties may vary depending on the nature and frequency of the violations. Here are some potential consequences of Tennessee IID violations:
- Extension of IID requirement: If a violation occurs during the mandatory IID period, the time period for which the device must be installed may be extended. This means the driver will need to keep the IID installed for a longer duration than initially specified in their DUI ruling. Also, if you remove your device during your sentence period, your Tennessee interlock program will restart from day one.
- Suspension of driving privileges: Repeated or severe violations can lead to the suspension of your driver’s license. The duration of the suspension will depend on the number of violations and the circumstances surrounding them. During the suspension, the driver will not be allowed to operate any vehicle, with or without an IID.
- Further legal repercussions: In some cases, repeated violations may result in additional legal consequences. Some of these violations can seem like fairly innocent oversights, but be sure that penalties are amplified if the violations involve attempting to drive while intoxicated or tampering with the IID.
How a Sevierville defense lawyer can help with IID violations
If faced with an alleged violation, seeking legal guidance and taking prompt action are important steps toward resolving this potentially life altering situation. Trust the experienced team of DUI defense attorneys at Delius & McKenzie to provide you with the guidance and representation you will need to face your IID violation charges. Our tenacious team of defense attorneys works tirelessly to make sure that our client’s rights are protected. Call or contact us today. We’re based in Sevierville, but serve clients in Seymour, Gatlinburg, Pigeon Forge, and the surrounding areas, including Bristol, Johnson City, and Kingsport.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.