What is ignition interlock? Plain and simple, it is a device (similar to a breathalyzer) used to detect the blood alcohol concentration level of a convicted DWI driver that is installed to his or her vehicle. A driver who must follow the rules of an ignition interlock system is required to provide a sample of his or her breath to this device in order to start their vehicle. If the reading exceeds the programmed acceptable level (between .02% and .04%), the driver's ignition will fail to start until an acceptable breath sample is given. Also, to avoid the risk of another individual providing these samples, the device will randomly require multiple readings even after the ignition has been started. Devices like these can cost up to hundreds if not thousands of dollars for installations, rentals and service fees.
BAC In and Out of the Lab
State crime laboratories conduct thousands of tests for blood toxicology every year. These backlogs continue to increase causing blood test results to be delayed, especially in impaired driving cases. If you or a loved one has been charged with a serious DWI, you might be facing ignition interlock. Waiting for your case to be settled can be an excruciating long process where unnecessary measures are taken to prevent you from driving completely. Reasons for delays may include the travel time it takes for a blood sample to reach the lab and the long process of actually testing the blood (compared to breath analysis). Also, there aren't many analysts to begin with; and the ones that do exist have less time to work in the lab since they must testify across the state in court. Delays can take up to months and sometimes a year depending on the location of an analysis.
Aggravating Factors
Because there is such a long delay, the State may push to proceed for trial without blood results. If you think your alcohol concentration was 0.15 or higher at the time of blood testing, then substantial evidence may exist in the form of field sobriety tests performance that can be used against you in court. Alcohol concentrations of 0.15 or higher is an aggravating factor in impaired driving cases. According to G.S. 20-179, a prosecutor must present any and all aggravating factors he/she is aware of. The prosecutor is required to "present evidence of the resulting alcohol concentration" where "a valid chemical analysis is made of the defendant" G.S. 20-179(a)(2). In addition, if you have an extensive history of charges regarding driving while impaired, then the likelihood of you facing ignition interlock is very high.
Preventing Interlock
Pleading guilty before trial may allow a defendant to prevent ignition interlock in certain counties, if the right steps are taken. Although G.S. 20-139.1(e2) requires a consenting agreement to "be continued until the analyst can be present", this only applies in cases where an analysis has already been performed. Stopping the analysis before hand can be a complicated process. A district attorney must submit a "Case Disposition Notice" informing the state crime lab that the analysis does not need to be completed because the case has been disposed of.
Avoiding Further Chemical Analysis
If the prosecutor does not submit a notification to stop the analysis, then the defendant's blood tests will be present at the DMV and also sent to the District Attorney. An affidavit with an alcohol concentration of 0.15 or more will imply ignition interlock by the DMV under G.S. 20-17.8. This requires "the results of [that] chemical analysis" to impose installation of an ignition interlock device if necessary upon an individual's vehicle. Make sure that this does not happen in your case. Contact Raleigh DWI attorney Matthew J. Golden to ensure your case is handled properly. Avoiding ignition interlock is possible if the right steps are taken!
What is ignition interlock? Plain and simple, it is a device (similar to a breathalyzer) used to detect the blood alcohol concentration level of a convicted DWI driver that is installed to his or her vehicle.For more information about:-Dwi Defense Attorney and Dui Attorney Raleigh please visit:- mjgoldenlaw.com/
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