Many states, including Tennessee, require an ignition interlock device to be installed onto the vehicles of those deemed a risk to the public due to their history of driving under the influence. These devices are essentially a Breathalyzer test that the person has to use each and every time they get into their car. They are likely to use this device until the end of their probational period. One of the most common questions asked about this type of order is when it is required?
An IID can allow the use of the vehicle
One of the most common misconceptions regarding an IID is that it’s simply a punishment. To a certain extent, it is a punishment, but it is also a right to be allowed to use one. Thus a judge will likely require the offender to pay a fine, go through probation, or even serve time in prison before they are even offered this option.
When an IID can be used
Many states have DUI laws that allow a judge to order an IID to be used at their own discretion. Many judges will use these devices for first-time offenders as a means to scare them into not doing it again. However, they can order one for just about any type of offender that comes before them.
When an IID is mandatory
As stated above, a judge has the power to order a person to use an IID. However, over the years, states are now making these devices mandatory for anyone who has had multiple run-ins with the law regarding drinking while driving. Other factors have also been added, such as having a minor in the car while the crime was being committed. In these cases, there is no negotiating with the judge, and an IID will be required to be installed.