Massachusetts ignition interlock device installation procedures
Under Melanie’s Law, all second or subsequent DUI offenders are required to have an approved ignition interlock device installed in any vehicle which the DUI offender owns, operates, or leases. This requirement applies to DUI suspensions which were imposed on or after January 1, 2006, the effective date of the ignition interlock provision of Melanie’s Law. Interlock devices produced by Consumer Safety Technology (CST), Draeger, Guardian, LifeSafer Interlock, Sens-O-Lock, and Smart Start.
Interlock is required for any hardship or full license issued as a result of a second or subsequent DUI offense. Ignition interlock required drivers must have the device installed for the entire term of any hardship license and for a two year period after getting a full license reinstatement.
The ignition interlock installation is a multi-step process which begins with obtaining clearance to drive, either with a Massachusetts hardship or full license. This clearance is obtained by going to a hearing, either at the Registry of Motor Vehicles or Board of Appeal. Once the driver is approved for either a hardship or full license, the driver must go to the Registry of Motor Vehicles to begin the ignition interlock installation procedure. This process begins by meeting with a Registry Hearing Officer who will review the driver’s record and confirm that he or she is eligible for either a full license reinstatement or a hardship license.
Once the Registry Hearings Officer confirms eligibility, he or she will give the driver an “ignition interlock package.” This package contains forms and affidavits which must be signed in the presence of a notary public. Also included in this package is a list of approved ignition interlock instillation locations. The driver should select an ignition interlock vendor and bring his or her vehicle to the installation location so that the device can be installed. While the device is being installed, the user will receive training on how to operate the device.
Once installation is complete, the driver should bring proof of installation to a Registry of Motor Vehicles hearing officer. The hearing officer will then issue the driver a license with a Z (ignition interlock) restriction. The driver can now legally drive his or her interlock equipped motor vehicle.
In cases where the driver does not own a vehicle and/or needs to get insurance, he or she should have the vehicle towed to the installation facility or driven there with a general registration plate, such a dealer plate. The driver would then have the device installed, get his or her license reinstated by showing proof of installation to a RMV hearing officer, go to his or her insurance company with the RMV-1 form, show the insurance agent that he or she is now licensed, get the RMV-1 form stamped by the insurance company, go back to the RMV and get the vehicle registered, and finally return to the ignition interlock facility and put the new plates on the vehicle.
Interlock required drivers who live out of state can have the device removed, or not installed, so long as they prove out of state residency and sign an affidavit stating that they live out of state and will not drive in Massachusetts without the ignition interlock device.
For interlock-required drivers who live in Massachusetts, there are no absolutely exceptions or ways to avoid the ignition interlock device. If a driver is legally interlock required, he or she must have the device for a minimum of 2 years. If there are violations, the Registry will extend the interlock requirement for a minimum of 6 months.
Interlock required drivers must have the device inspected, maintained, and monitored monthly. If the results of the monthly monitoring show certain alcohol readings, the driver will be called into the Registry of Motor Vehicles for an interlock violation hearing, which could result in a 10 year or lifetime license suspension. If you are facing an ignition interlock violation, please contact me. I have an outstanding track record in the area of interlock violation appeals and I have proven that the ignition interlock device is unreliable and registers false positive readings.
