You had to install an ignition interlock device (IID) in your car as part of a plea deal to a DUI charge. But you recently failed an interlock test after having a couple of beers with a friend. Is this bad? What can happen?
The specific consequences for failing an ignition interlock test will vary depending on the facts of your case and the laws of the state governing your case.
With that said, however, a few possible consequences include:
- your car will not start,
- the DMV or court will revoke your restricted license, and
- you violate your probation.
Note that IIDs are small DUI breath test/breathalyzer devices that are usually installed on the dashboard of your car. Courts often require you to install the device as part of the penalties for drunk driving.
1. What if you fail an initial interlock device test?
An immediate consequence of failing an interlock test is that you will not be able to operate your motor vehicle.
IIDs have a programmed blood alcohol concentration (BAC) limit, usually around 0.02%. This means that if you blow into an IID, and your blood alcohol content is above the pre-set limit, the IID will prevent you from operating your car.1
Most interlock devices will allow you to retest your breath after a short period of time (for example, five minutes). But again, your car will not operate if you fail on a subsequent try.
2. What happens if you fail a “rolling test”?
As with an initial test, you will have difficulties operating your car if you fail a rolling IID test. Failed tests also typically get reported to:
- the court, or
- your probation officer.
Once reported, you could face a fine or have to attend a court hearing.
Note that a “rolling test” is when you must blow into your interlock device while driving your car. You usually have to provide a breath sample within 5-15 minutes after starting your car and then about every 45 minutes thereafter.
The purpose of these tests is to make sure you are not drinking alcohol after starting your vehicle. They also help ensure that another person did not provide a breath sample in order to start your vehicle.2
Your IID will not disable or lockout your car if you fail a rolling test. But most will log the failed test and sound an alarm. The alarm continues to sound until you:
- pull over, and
- stop your engine.
As with initial tests, you can usually try to take another IID test after a short amount of time if you fail your first rolling test. This is referred to as a “rolling retest.”
3. Could you lose your restricted license if you fail an IID test?
Yes. A common penalty for a DUI/DWI is the suspension of your driver’s license.
But even if you lose your driving privileges, courts may allow you to obtain a restricted driver’s license, provided that you install an IID in your car.
A restricted license often allows you to drive to and from:
- work,
- DUI school, and
- medical appointments.
If you fail an IID test with a restricted license, a consequence is the revocation of your license and the full reinstatement of your license suspension. You can also lose your restricted license if you are guilty of tampering with or removing your IID.3
While some states may revoke your license after a single failed test, others may only revoke it after multiple failures.
4. Can an IID test failure result in a probation violation?
Depending on the facts of your case, a failed ignition interlock test could result in a probation violation.
Courts can often award you with misdemeanor probation if you are found guilty of drunk driving.
If so, a common probation condition is that you install an IID in your motor vehicle. But note that the court may find you in violation of probation if you:
- fail to install an IID,
- fail to pass an IID test (usually with multiple failures), or
- commit some other ignition interlock violation.
The court may do any of the following if you violate a term or condition of your probation:
- warn you,
- impose stricter probation conditions, or
- revoke your probation and make you serve jail time.
5. Can a DUI lawyer help?
Yes. You should consult with a DUI attorney or criminal defense lawyer if you were arrested for a DUI offense, or you failed an IID test.
Interlock laws and interlock programs vary across different states. As such, the penalties and consequences for interlock device violations will vary as well.
A defense attorney will be able to advise you on your particular state’s regulations and the specific consequences you might face for a failed interlock test.
Keep in mind that you could face other consequences for a failed test than those discussed above. For example, a failed test could result in fines and warnings.
No matter the repercussions, though, a defense lawyer is best suited to help you minimize them.
DUI lawyers can also work to make sure that you keep your driving privileges.
Additional Resources
For more information, refer to these California DMV articles:
- Ignition Interlock Devices – Overview of what IIDs are and when they are required.
- Ignition Interlock Devices List – Approved IID manufacturers.
- Statewide Ignition Interlock Device Pilot Program – DMV program that requires all repeat and all injury-involved DUI offenders to install an IID for one to four years.
- Notice to Employers: Ignition Interlock Restriction – Notice you are required to give any employer who owns a vehicle that you operate in the course and scope of your employment with them.
- Driving Under the Influence: Age 21 and Older – General information about California DUI laws, including IID requirements.
Legal References:
- See National Conference of State Legislature’s (NCSL) website, “Traffic Safety Review: Where Do States Stand on Ignition Interlock Devices?”
- Note that most states say that you can be charged with a misdemeanor crime if you request another person to blow into an IID with the intent to help you start your vehicle. See, for example, California Vehicle Code 23247b VC.
- See, for example, Washington’s Restricted Driver License Application.
