Ignition Devices for DUI Offenses: Can I Get a Waiver?

Drinking over a certain amount and then driving is against the law. In the past it was seen as generally acceptable. However, as our understanding of the effects of alcohol has improved it has become obvious that it is a factor in 50% of all fatal highway crashes.

The result is that Driving Under the Influence (DUI) has become a serious offense. If you are found to be committing a DUI in Los Angeles then it is important that you get a Los Angeles criminal lawyer who knows how to deal with the incident.

It is interesting to note that if you rear end a driver who has alcohol in their system then the accident will be listed as alcohol related; even if you haven’t touched a drop!

The same is true for other cities and states.

Getting an Ignition Device

If you are convicted of a DUI you will receive a suspension on your license and a fine. You’ll also have to pay the court fees and may even find yourself facing some jail time.

In many states it is also becoming normal to fit an ignition device to your vehicle. This is especially true if it is your second offense.

The ignition device will be connected to your ignition system and will not allow your car to start unless you have blown an alcohol free sample into the tube provided.

To ensure you are not trying to cheat the system you will also need to blow into the tube at random times along your journey.

If the result is positive, then it is usually automatically reported although some are sophisticated enough to simply disable your vehicle.

Getting An Ignition Device Waiver

There are several circumstances where you can request that the ignition device be removed before it is due to be.

• Alcohol Treatment

When you have a recognized alcohol problem and have been ordered, or even voluntarily entered into an alcohol treatment program then you can request a waiver.

Providing you have been in the program for a certain amount of time and you continue in it the judge is likely to allow the waiver.

• Hardship

Another time is when the device will cause unreasonable hardship. This is generally because it will affect other people.

A good example of this is when you need to drive prospective clients round and it is bad for business for them to see you being periodically tested. Your employer will have to submit a testimony to confirm it is detrimental to his business.

The judge is then likely to grant a waiver in order to allow you to keep your job.

• Time

If the amount of time you have been told to have an ignition device fitted to your car seems to be especially long you can apply. If the judge agrees that it seems an unreasonable demand, then they can order the device to be removed.

In most cases a waiver will not be granted. But, if you believe it is causing hardship, particularly financial hardship to your family or employer then you may have a case.

To ensure you have the best chance of achieving your waiver, speak to an attorney. A waiver is at the discretion of the judge and an attorney will be much better at arguing your case than you will.