Attorney Clarke Dummit provides insights into ignition interlock devices. If the device detects interference or alcohol, it records the information on its microchip. Every two months, the device needs to be downloaded by an interlock provider, and the data is transmitted to the North Carolina Division of Motor Vehicles (NCDMV). The DMV can typically take months to respond and sends a form letter notifying the driver of license revocation, allowing for a hearing if requested within 10 days. It is crucial to maintain an updated address with the DMV to receive these notifications and to contact an attorney promptly upon receiving a revocation letter.
If the interlock device registers a positive reading, it is recommended to stay with the vehicle. False positives can sometimes occur due to various factors, such as consuming certain foods or experiencing interference during the breath test. If a positive reading occurs, the driver should not give up, leave the vehicle, or go to work. Instead, they should remain with the vehicle and attempt to start it again after a five-minute lockout period. If another positive reading occurs, the lockout period may increase to 45 minutes. It is important to stay with the vehicle and continue blowing into the device to demonstrate that there was no alcohol.
However, if alcohol is present on the breath, there is no way to erase the device’s record, and it will be reported to the DMV. In such cases, the driver may face consequences. On the other hand, many clients claim that positive readings were due to interference or extremely low alcohol levels. Ignition interlock devices are safety devices rather than precise measuring instruments, and their calibrations may not be highly accurate. Because of this, it is advisable to stay with the vehicle, blow until obtaining zero readings, and seek the assistance of a traffic attorney due to the potential inaccuracies of the machines.
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