The law requires that a motorist must not drive under the influence of drugs or alcohol as a condition of their licence. Stiff penalties can be imposed, including suspension, and a court will almost always take a dim view of such an offence, no matter the jurisdiction. However, if you have been charged with DUI, you will want to ensure that you are treated fairly and that if there are any other circumstances to take into account when it comes to sentencing, they are heard. For example, is it possible to get an exemption when it comes to having a special interlock device fitted to your vehicle?
In recent years, regulations have been changed to introduce the alcohol interlock device. This is a tool connected to the ignition switch on the vehicle in question and must be used to sample the driver's breath before the engine is allowed to start. In this situation, the driver will not be able to get the vehicle on the road unless they can show that they do not have any alcohol in their system.
If you have been charged and are subsequently convicted of driving under the influence, you will almost certainly be required to fit one of these devices to your primary vehicle. You may also be asked to take part in a behavioural change program, which you must successfully complete before you can reacquire your licence.
The interlock device will be fitted at the end of any suspension and will last for a certain time before the case is reconsidered. Typically, a driver will have to apply to the court in order to get their original licence back, at which time the judges will have a look at the data from the interlock device before they make their decision. These devices store a lot of information, including images from a built-in camera.
Applying for an Exemption
Nevertheless, it is possible to apply for an exemption so that you do not have to have an interlock device fitted. Typically, such an exemption may be granted on medical grounds as perhaps you cannot blow into the device due to a pre-existing condition.
If you want to apply for an exemption bearing in mind that they are not issued very often, you need to put forward a strong case. In this situation, it's best if you work with an experienced DUI lawyer who will know when and how to present your position.
Contact a local DUI lawyer to learn more.