If you’re facing charges for a first-time DUI (also known as OVWI) in Indiana, a major concern on your mind might be whether you’ll be required to install an ignition interlock device. An ignition interlock is a breathalyzer device installed in your vehicle, requiring you to blow into it before the engine starts. So, is it mandatory for first-time DUI offenders in Indiana? The answer isn’t always straightforward—it depends on several factors, and it’s largely up to the discretion of the judge.
Understanding Ignition Interlock in Indiana DUI Cases
In Indiana, DUI charges, whether referred to as DUI, OWI, or OVWI, all fall under the broader category of operating a vehicle while intoxicated. If you’re convicted or even charged with a DUI, the possibility of needing an ignition interlock device is real—but not guaranteed.
Under Indiana law, the decision to impose an ignition interlock device is at the discretion of the judge. This means that depending on the circumstances of your case, the judge could choose to require it as a condition for specialized driving privileges. However, it’s important to note that in certain situations, ignition interlock is a mandatory requirement.
Mandatory Ignition Interlock: Refusals
One situation where the use of an ignition interlock becomes non-negotiable is when the accused refuses a certified chemical test. Indiana follows an “implied consent” law, meaning that when you are pulled over and suspected of driving under the influence, you are legally obligated to submit to a breath, blood, or urine test if asked by law enforcement.
If you refuse this test, the penalties are severe. Not only will your driver’s license be suspended for at least one year, but if you wish to drive while your case is pending, the only way to do so is with an ignition interlock device. For DUI refusals, this is not optional. Whether it’s your first offense or a subsequent one, the law mandates that driving during a suspension from a test refusal must involve the use of an ignition interlock device.
That being said, some judges simply will not allow a person to legally drive if that person refused a chemical test.
Judicial Discretion for First-Time DUI Offenders
For first-time DUI offenders who agree to a chemical test, things get a little more flexible. If you consent to the test you may qualify for specialized driving privileges while your case is pending. However, whether or not an ignition interlock device is required again depends on the judge’s discretion. Some factors that can influence this decision include:
- Your BAC level: Judges are more likely to require ignition interlock if your BAC is significantly above the legal limit of 0.08%. Once you get up to 0.15 or higher, the chances of being required to install an ignition interlock device increase significantly.
- Criminal History: If you have any prior DUI convictions or other alcohol-related offenses, even if they occurred many years ago, the judge might feel more inclined to impose an ignition interlock requirement.
- The Circumstances of Your Arrest: Factors such as whether you were involved in an accident or were driving recklessly can also influence the judge’s decision. Higher speeds, accidents, or other risky behavior increase the likelihood that an ignition interlock device will be imposed to protect public safety.
What Happens If You Need an Ignition Interlock?
If the judge decides you need an ignition interlock, you’ll be responsible for installing the device at your own expense. The device ensures that you can’t operate your vehicle if alcohol is detected on your breath. Ignition interlock systems are typically leased from providers and they require regular maintenance and calibration.
Failure to comply with a court-ordered ignition interlock can lead to additional penalties, including a revocation of your driving privileges, revocation of bond, contempt of court and additional criminal charges.
Can You Avoid Ignition Interlock for a First-Time DUI?
While there is no surefire way to avoid the requirement for an ignition interlock device, hiring an experienced Indiana DUI lawyer can significantly increase your chances of avoiding this outcome. At Marc Lopez Law Firm, we make strong arguments on behalf of our clients to minimize the consequences of a DUI charge, including fighting the installation of an ignition interlock device.
Protect Your Driving Privileges
A first-time DUI charge in Indiana is serious, and the consequences can be far-reaching. From license suspensions to the installation of an ignition interlock device, there are numerous penalties at stake. The Marc Lopez Law Firm is here to help you navigate the complexities of DUI law and ensure the best possible outcome for your case.
If you have been charged with a DUI in Indiana, don’t leave your future to chance. Contact the Marc Lopez Law Firm today at 317-632-3642 for a free consultation, and remember—always plead the 5th!
