Drivers with an ignition interlock device installed may assume an ignition interlock violation is a minor administrative matter that the vendor logs and that they can otherwise ignore. Whether it is required because of a DWI conviction or as a condition of receiving limited driving privileges, this is not the case in North Carolina.

Under North Carolina law, an ignition interlock violation can trigger a one-year driver’s license revocation. If a law enforcement officer was involved, it could even result in a new DWI charge being filed. Drivers with an ignition interlock device should understand what qualifies as a violation under North Carolina law and how the North Carolina DMV process differs depending on whether the vendor logged the violation or law enforcement was involved.

Fortunately, not every ignition interlock violation equals a new DWI conviction. But early involvement from an experienced DWI defense attorney can help a driver avoid the most serious consequences.

Key Takeaways

• An ignition interlock violation can lead to new criminal charges or a one-year driver’s license suspension by the NCDMV.
• Violations that occur within the final 90 days can extend the ignition interlock period by an additional 90 days or more.
• Drivers have the right to request a hearing on the alleged ignition interlock violation, but the request must be timely filed; otherwise, the driver’s license suspension will take effect.
• Innocent explanations for a failed test are a real defense, but they must be documented immediately.

What Qualifies as an Ignition Interlock Violation Under North Carolina Law?

Under North Carolina law, an “ignition interlock system violation” means any of the following:

• Attempting to start the vehicle with an alcohol concentration greater than .02.
• Tampering with, circumventing, or attempting to circumvent an ignition interlock device.
• Violating any of the policies established by the Division for the use of an ignition interlock system on a designated motor vehicle.

While the vendor flags and reports any event, the Division decides the legal consequences of an alleged ignition interlock violation. In case of an alleged violation, the Division will notify the license holder of the alleged violation and their right to appeal.

NCDMV Revocation vs. New Criminal Charges

The consequences of an alleged ignition interlock violation vary significantly depending on whether the violation was reported by the vendor or a law enforcement officer.

Under N.C.G.S. §20-17.8(f), if a law enforcement officer reasonably believes a driver who is subject to an interlock restriction has consumed alcohol while driving or has driven with alcohol remaining in their body, the individual can be charged with a new criminal offense for driving with a revoked license. Their driver’s license will be suspended until the case is resolved and may be required to submit to a blood alcohol test.

Under N.C.G.S. §20-17.8(g), a driver who violates any of the ignition interlock restrictions but is not charged with or convicted of driving with a revoked license will have their driver’s license suspended for one year by the NCDMV.

Critically, individuals who were not charged with a new criminal offense face an administrative revocation rather than a new criminal case.

The Final 90-Day Rule

Under N.C.G.S. §20-17.8(g1), for ignition interlock violations that occur during the final 90 days or the required interlock period, the period is extended by an additional 90 days or until the person has been violation-free for the extended period, whichever is longer. Someone who has been violation-free for months can still have the ignition interlock suspension extended by a single mistake. The rule applies in addition to any other consequences for the ignition interlock violation.

How to Respond to an Ignition Interlock Violation

Drivers who receive a letter from the NCDMV or a call or email from their ignition interlock provider about an interlock violation should request a hearing before the revocation goes into effect. Drivers should gather and document any evidence in support of an accidental violation or an innocent failed test, such as the use of mouthwash or hand sanitizer, or having consumed fermented food or certain medications. Ideally, this evidence will be timestamped.

In cases where an additional criminal charge is possible, a defense attorney can review the situation to determine whether the officer had probable cause before escalating the situation to an arrest.

Drivers should take an ignition interlock violation seriously. Under no circumstances should you assume the matter will resolve itself. Failure to request a hearing will result in an automatic driver’s license suspension with no ability to contest it.

An experienced DWI defense attorney can carefully review the circumstances of the ignition interlock violation. A careful review is critical, as these records can be the deciding factor in whether your driver’s license will be suspended.

Contact an Experienced North Carolina DWI Defense Attorney Today

The skilled and experienced DWI defense attorneys at Reece & Reece, Attorneys at Law, are dedicated to protecting the rights of North Carolina drivers. We represent individuals charged with DWI throughout Johnston County, including Smithfield, Benson, Clayton, Selma, Archer Lodge, Kenly, Four Oaks, Pine Level, Princeton, Wilson’s Mill, and Micro. Call (919) 300-1249 or contact us online to schedule a free case evaluation and learn how we can help.