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Monitoring requirements for an ignition interlock device

For Tennesseans who are arrested for drunk driving charges, one of the penalties that might be assessed is the installation of an ignition interlock device on the person's vehicle. This device is meant to prevent the person from driving by requiring that there be a test for blood alcohol content level before the vehicle will start. It is also necessary that the driver blow into the device at certain intervals to ensure that he or she was not drinking from the time of the previous test after the vehicle had started.

With this device, there are monitoring requirements under the law. Understanding these is essential. The servicing, installation and monitoring of the device will start 30 days after it was initially installed and every 30 days after. The provider of the device will have records of the monitoring check. If there is a violation or a failure to comply, the state will be informed.

Within two days of the monitoring check, the provider will send: the name of the person; how many miles were driven while the vehicle was being monitored; the charges for the visit; when the next visit will be; if repair work was needed for the device and why it might have been needed; and any issues related to the device and the person who is using it. Also within two days of the monitoring check, the provider will inform the state if the device was altered, tampered with, bypassed or removed; and if there was a failure to live up to the terms of the court order for the device to be installed including not having the device monitored when it should have been.

Failing to adhere to the terms of the ignition interlock device can lead to more penalties. The device is a way for people who have been arrested for drunk driving to continue to drive. If there is a reported violation, the person needs to formulate a defense to avoid having those penalties assessed. Perhaps there was a mistake or wrongdoing by the provider and maintainer of the device. There could be a reasonable explanation for any allegation of misuse or damage to the ignition interlock device. Having legal help with this or any other matter related to a drunk driving arrest is imperative and is the first call that should be made.

Source: tn.gov, "Chapter 1340-03-06 -.10 Monitoring Requirements.," accessed on May 2, 2017

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