What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in Georgia?
Ignition Interlock Devices (IIDs) are devices that are installed in vehicles in order to prevent individuals from driving under the influence of alcohol. They are essentially breathalyzers that are connected to a vehicles ignition. In order to start the vehicle, the driver must first blow into the IID, which will measure the alcohol content of their breath. If the blood alcohol content (BAC) exceeds the preset limit, the vehicle will not start.
In Georgia, IIDs are required for all individuals who have been convicted of a DUI offense, including those who refuse to take a breathalyzer test at a traffic stop. The installation and maintenance of the IID is typically paid for by the individual, but some counties may offer financial assistance. The IID must be installed for a minimum of 12 months for a first-time DUI conviction and 24 months for a second or subsequent conviction. During this time, regular recalibration and maintenance is required by either state-approved service centers or installation centers.
Are IIDs mandatory for DUI or DWI offenders in Georgia?
No, ignition interlock devices (IIDs) are not mandatory for DUI or DWI offenders in Georgia. However, a judge can order an offender to install an IID on their vehicle as part of their sentence. Additionally, Georgia has an administrative license suspension program whereby drivers may be required to install an IID on their vehicle after a DUI or DWI conviction.
Is there a minimum BAC level or specific circumstances that trigger IID installation in Georgia?
In Georgia, drivers with at least two convictions for driving under the influence (DUI) in the last five years must have an ignition interlock device (IID) installed in their car. Georgia also requires an IID for drivers whose license has been suspended or revoked after a refusal to submit to a breath, blood, or urine test after being arrested for DUI. Additionally, some courts may require an IID for drivers convicted of DUI with a BAC of .08 or higher. Finally, drivers who are younger than 21 years of age and who are arrested for DUI with a BAC of .02 or higher must also install an IID in their car.
Are there different rules for first-time DUI offenders compared to repeat offenders in Georgia?
Yes, there are different rules for first-time and repeat offenders in Georgia. For first-time offenders, the penalties may include fines, probation, community service, participation in an alcohol education program, and a license suspension. For repeat offenders, the penalties may include longer jail sentences, larger fines, longer license suspensions, and installation of an ignition interlock device.
How long is an IID typically required to be installed in a vehicle in Georgia?
In Georgia, an ignition interlock device (IID) is typically required to be installed for six months up to two years, depending on the severity of the offense.
Are there fees associated with the installation, maintenance, and removal of IIDs in Georgia?
Yes, there are fees associated with the installation, maintenance, and removal of IIDs in Georgia. The Georgia Department of Public Safety requires individuals convicted of a DUI to pay a fee of $50-$100 for installation of an Interlock Device (IID). The monthly maintenance fee for an IID is between $70-$150. In addition, the individual may be responsible for any additional fees related to the servicing or calibration of the device. The removal fee for an IID varies as it is dependent upon the service provider but generally ranges from $50-$100.
Do IIDs have any impact on insurance premiums for the vehicle owner in Georgia?
Yes, IIDs can impact insurance premiums for the vehicle owner in Georgia. Insurance companies take into consideration the risk associated with a driver when calculating premiums. IIDs are considered a deterrent to drinking and driving, and their presence can help lower insurance premiums.
What happens if a driver fails an IID breath test while attempting to start the vehicle in Georgia?
If a driver fails an IID breath test while attempting to start the vehicle in Georgia, they will be prohibited from driving the vehicle until they successfully pass the test. Additionally, the driver will be subject to any administrative penalties or criminal prosecution that may be associated with the failed test.
Is there a requirement for periodic rolling retests while driving with an IID in Georgia?
Yes, periodic rolling retests are required for anyone driving with an IID in Georgia. When installed, an IID requires the driver to provide a sample of their breath each time they start their vehicle. If the test results indicate a blood alcohol concentration (BAC) of 0.02 or higher, the vehicle will not start.
Can someone other than the offender drive the vehicle with an IID installed in Georgia?
Yes, in certain cases. In Georgia, individuals who have installed an ignition interlock device (IID) on their vehicle may be allowed to have approved people drive the vehicle, such as an employer or family member. The driver must contact the supervising agency and obtain permission prior to operating the vehicle.
Are there penalties for attempting to tamper with or circumvent the IID in Georgia?
Yes, tampering with or circumventing an ignition interlock device in Georgia is a violation of state law. According to the Georgia Code, anyone who tampers with or circumvents an ignition interlock device can face criminal penalties, including a fine of up to $1,000 and/or imprisonment for up to 12 months. Additionally, the person’s license may be suspended or revoked for up to one year.
How does our state monitor and enforce compliance with IID requirements in Georgia?
The Georgia Department of Driver Services (DDS) is responsible for overseeing and enforcing ignition interlock device (IID) requirements in the state. DDS works with IID vendors to ensure that all required regulations and policies are being followed. The Department also regularly audits IID records to ensure that all devices are working correctly, and that all drivers are in compliance with their IID requirements. When necessary, DDS may issue fines or other penalties to drivers who fail to comply with IID requirements.
Is there a process for appealing or contesting the IID requirement in Georgia?
Yes, there is a process for appealing or contesting the IID requirement in Georgia. You can challenge the IID requirement by filing a petition in the county court of the county where you received the DUI. You must submit evidence that shows that the IID requirement is unjustified or unnecessary. If the court finds in your favor, the court can order the Department of Driver Services to remove the IID requirement or to modify it as appropriate.
Can individuals request a hardship or restricted license during IID installation in Georgia?
No. Georgia does not allow for hardship or restricted licenses during an ignition interlock device installation. An individual must wait until the IID installation is complete and their license has been reinstated before they can apply for a hardship or restricted license.
What happens if someone accumulates violations or fails to comply with IID requirements in Georgia?
If someone accumulates violations or fails to comply with the IID requirements in Georgia, they may face consequences such as license suspension, revocation, and fines. In addition, the violator may be subject to additional penalties such as reinstatement fees, vehicle impoundment, and even jail time.
Are there provisions for indigent individuals who cannot afford IID costs in Georgia?
Yes. Georgia’s Ignition Interlock Device (IID) Program allows indigent individuals who have been convicted of DUI to petition the courts for a reduced fee or a fee waiver. If individuals cannot afford to pay the IID Program fee, they may complete a financial hardship form and attach supporting documentation to their petition. The court has the discretion to grant or deny the waiver.
How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in Georgia?
In Georgia, the use of an ignition interlock device (IID) is required for anyone convicted of driving under the influence (DUI). During the period of time that the IID is installed, drivers holding a commercial driver’s license (CDL) are only allowed to operate a commercial motor vehicle (CMV) if the vehicle is equipped with an IID. CDL holders in Georgia must adhere to all IID requirements and may not drive a CMV without an IID. Additionally, CDL holders must complete any required follow-up tests and document their use of the IID on their official driving record. CDL holders who fail to comply with IID requirements may be subject to fines and/or license suspension or revocation.
Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in Georgia?
Yes, the requirements for IIDs in passenger vehicles and motorcycles or other vehicles can differ in Georgia. Motorcycles and other two- or three-wheeled vehicles must have an IID installed if their owner has been convicted of a DUI or refusal to take a breathalyzer test. Additionally, the Georgia Department of Driver Services may require an IID for certain vehicles after a DUI or refusal conviction. For passenger vehicles, an IID is required after a DUI conviction, regardless of the results of the breathalyzer test.
Are there resources or organizations that offer support and guidance for IID users in Georgia?
Yes, there are several organizations and resources that offer support and guidance for IID users in Georgia. The Georgia Department of Driver Services provides some information as well as access to the Georgia Ignition Interlock Program. Mothers Against Drunk Driving (MADD) also has a chapter in Georgia that provides resources, support services, and guidance for IID users. The Georgia Council on Substance Abuse also offers resources, referrals, and guidance for IID users. Finally, the DUI Center of Georgia is a private organization that offers referral services and information about IID programs and services in the state.
Can individuals have the IID requirement removed or the duration shortened under certain circumstances in Georgia?
In Georgia, a person may apply to have the IID requirement removed or the duration shortened if they can demonstrate that they have been alcohol-free for the duration of their license suspension or revocation period, and have completed any other requirements of the court. An individual may also be eligible for early removal if they are enrolled in an approved alcohol or drug use disorder program or are participating in an alcohol/drug abuse monitoring program.