No Refusal, Even with an Ignition Interlock Device

ignition interlockAn ignition interlock device is a commitment to sober driving, preventing you from starting your car if you’ve been drinking alcohol, and periodically testing your blood alcohol concentration (BAC) while you are driving. These “rolling re-tests” are an important security measure for two reasons: they prove you are not drinking while you’re driving, and that nobody but you started your vehicle and passed the ignition test.

However, a “rolling re-test” can happen at inconvenient times. You could be driving in heavy traffic or driving through a toll booth. You could even be trying to find a parking spot when the device prompts you for a re-test. No matter your situation when you are required to submit another breath sample, the worst thing you can do is to refuse the “rolling re-test.”

If you are not able to submit your breath test while driving, find a safe place to pull over as soon as possible and blow into your ignition interlock device. If you wait too long to test, your car’s horn will start honking, directly reminding you of your commitment to using the device. Your car will not shut off while you are driving.

If you are at a toll both, in a drive-thru, or other similar situation, you are still required to take the test. Your ignition interlock device doesn’t know that you are trying to pay for a burger or throw quarters in a machine, it just knows that you need to submit a breath sample.

Refusing an ignition interlock test is a clear violation of your DUI conviction, no matter the circumstances. Even if you just parked and were alerted to test before turning off your engine, you need to blow into the device. Refusing a re-test by ignoring the prompt or turning off your car will only record a test refusal, and that’s not way to show your commitment to remaining sober when driving.

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