Something is Very Wrong With Minnesota’s Ignition Interlock Device Program (IIDP)
Minnesota’s Ignition Interlock Device Program (IIDP) is a well-intended program that permits repeat DWI offenders – who would otherwise not be permitted to drive – the ability to drive legally on the roadway while ensuring that such drivers are alcohol-free. This program requires drivers to install an ignition interlock device in their vehicles as a condition of regaining their driving privileges.
This program has specific rules and requirements that participants must follow to obtain and maintain their drivers’ licenses. But it also has specific rules and requirements for the private companies that are approved by the Commissioner of Public Safety to both install the devices and administer the program.
If you’re not familiar with the program, these devices are designed to prevent the vehicle from starting if the driver’s breath alcohol concentration is at or above 0.02. Anything below 0.02 is not considered a violation; anything above 0.02 and the device will demand a retest. In most situations, two failed tests in a row constitutes a violation.
A violation can end up extending someone’s time on the program by up to six years. This can be a problem for some people, because the devices used in the program are certainly not foolproof. We’ve successfully won many challenges for our clients when they were wrongfully accused of consuming alcohol while on the program. That’s because these devices are specific to alcohol in general, but not specific to ethyl alcohol. Other alcohols, such as methanol and isopropanol, will erroneously add to the test result and produce false positive results. These interfering substances – everything from spilled washer fluid to cologne to Wonder Bread -- should be avoided, but many drivers are caught unaware that their breath contains a chemical which can produce a false positive.
But we’ve uncovered something even more troubling than false positive results; we’ve done some digging, and figured out that the private companies administering the Ignition Interlock Device Program are not foolproof, either. As you know, the device only triggers a violation if it measures a result at or above 0.02 -- a little bit of wiggle room for people with non-ethyl alcohol substances on their breath. However, the government foolishly expected the private companies administering the program to follow basic scientific principles when it comes to calibrating these devices.
They were wrong.
We were able to parse through one company’s calibration records and discovered something shocking about their calibration procedures. We used what we found to get our client’s ignition interlock violation thrown out. And this is the type of defense that can be raised in many, many violation cases. We’re going to bring this information to light during our upcoming presentation at the 2024 Criminal Justice Institute on August 22, 2024, but we’re also going to release this information on our blog in the upcoming days.
If you are facing a violation report on the Ignition Interlock Program, call our office. We may have a way to reverse that violation and keep you driving.