Navigating Minnesota’s Ignition Interlock Device Program After a DWI

If you’re facing a DWI charge in Minnesota, your mind is likely racing with questions about fines, potential jail time, and the impact on your driver’s license. One of the most significant and disruptive consequences many people face is the requirement to enter and complete Minnesota’s Ignition Interlock Program (IIDP). As a Minnesota DWI criminal defense attorney, I see the confusion and stress this program causes. In fact, I testified at both the Minnesota House and Senate, this year, on new DWI legislation (some of which I drafted) –and it seemed I was the one educating the legislators on the impact of the proposed legislation.

This blog is meant to demystify the IIDP and explain how an experienced attorney can help you navigate this challenging process.

First, what exactly is an Ignition Interlock Device? Simply put, it’s a car breathalyzer. The device is connected directly to your vehicle’s ignition system. Before you can start your car, you must blow into the device and provide an alcohol-free breath sample. If the device detects alcohol over 0.02, your vehicle will not start. The device also requires you to provide random breath samples while you are driving, known as rolling re-tests, to ensure you remain alcohol-free on your journey.

So, who is required to participate in Minnesota’s IIDP? The requirement isn’t arbitrary; it’s mandated by law under specific circumstances. You will be required to enter and complete the IIDP to fully regain driving privileges if:

• You are a first-time DWI offender with a high Blood Alcohol Concentration (BAC) of .16 or more, and want to drive during the revocation period.
• You have two DWI offenses within a twenty-year period or more than two DWI offenses, in a lifetime.
• You refused to submit to a chemical test (breath, blood, or urine) during a DWI stop, and have one prior DWI offense within the last 20-years, or two prior DWI offenses in your lifetime.
• Your license has been canceled and designated as inimical to public safety.
• Your license has been revoked for Criminal Vehicular Operation causing bodily harm or death.
• You may even have to enter and complete the program if you are convicted of a DWI involving controlled substances, without ever consuming a sip of alcohol!

For many, the IIDP is the only path to legally get back behind the wheel after a license revocation or cancellation. However, this path comes with significant responsibilities and costs. The financial burden is entirely on you. This may include an installation fee, monthly leasing and monitoring fee, calibration and download fees, and a final removal fee –typically costing you thousands of dollars during the period you are in the IIDP. These costs are in addition to any court fines, treatment program fees, and increased car insurance premiums associated with the DWI itself. And your participation in the IIDP may be anywhere from 1-year to the rest of your life!!!

Living with an IID requires strict compliance. Any violation is logged by the device and reported to the Minnesota Department of Public Safety (DPS). A violation can include a failed breath test, skipping a rolling re-test, or any attempt to tamper with or bypass the device. The consequences for a violation are severe, ranging from an extension of your time in the IIDP to a complete revocation of your driving privileges, forcing you to start the process all over again. A 1-year revocation could quickly be extended to several years in the IIDP.

This is where the guidance of a skilled DWI defense attorney becomes invaluable. While the IIDP is a function of the DPS and your driving privileges, it all stems from the underlying criminal charge. I always challenge the DWI charge as well as the companion license revocation. By scrutinizing every detail of your case—from the legality of the initial traffic stop to the administration of sobriety tests and the calibration of testing equipment—we can build a strong defense. A successful defense that results in a dismissal or an acquittal and/or rescission of the revocation, means you may avoid the IIDP altogether.

If a dismissal isn’t possible, an attorney can work to negotiate a more favorable outcome, such as a reduction of the charges to an offense that could carry less severe license revocation penalties. If the IIDP is unavoidable, I can guide you through the complex enrollment process, ensure you understand the program’s strict rules to avoid violations, and advocate on your behalf if a false positive or other malfunction leads to an unjust violation report.

A DWI charge is more than a one-time mistake; it has lasting consequences that can disrupt your life for years. The Ignition Interlock Device Program is one of the most demanding of those consequences. You don’t have to face it alone. If you’ve been arrested for a DWI in Minnesota, contact my office for a confidential consultation to protect your rights, your license, and your future.

Sources:

https://www.revisor.mn.gov/statutes/cite/171.306