Ignition Interlock Device for Indiana OWI

OWI Defense Attorneys

Ignition Interlock Device for Indiana OWI

Many people arrested for OWI have never heard of an ignition interlock device until they speak with a lawyer or go to court.

Then they quickly discover that interlock may become one of the most important issues in the case.

What many people do not realize is that ignition interlock can serve several different purposes.

Quick Answer

An ignition interlock device may be required as a condition of Specialized Driving Privileges. In some situations, a court may also order ignition interlock instead of imposing a probable cause suspension at the Initial Hearing. The appropriate strategy depends upon the facts of the case and the county.

What Is an Ignition Interlock Device?

An ignition interlock device is a breath-testing device installed in a vehicle.

The vehicle will not start unless the driver provides an acceptable breath sample.

The device may also require additional samples while the vehicle is being operated.

If a person tests positive for alcohol, the violation will be reported to the Court.

1. Specialized Driving Privileges With Interlock

This is the most common situation in OWI cases.

The Court grants SDP and requires ignition interlock as a condition.

2. Interlock in Lieu of Probable Cause Suspension

Indiana law allows a court to recommend ignition interlock instead of a probable cause suspension.

This is an important option because it allows driving as normal, except with an ignition interlock device.

• No administrative suspension is imposed.

• The order remains in effect until the criminal case is resolved.

3. Refusal Cases

Refusal cases create unique issues.

In refusal cases, Specialized Driving Privileges are not available for the probable cause suspension at the Initial Hearing.

However, ignition interlock may still be an option at the Initial Hearing, even with a refusal.

This is one reason refusal cases require early strategic planning.

Why Timing Matters

Many interlock decisions occur very early in an OWI case.

Waiting until after the Initial Hearing can limit available options.

This is one reason experienced attorneys often focus on driver’s license strategy immediately after charges are filed.

Common Misconceptions

Interlock Means I Lost My License

Not necessarily.

In some situations, interlock may actually help a driver continue driving.

Interlock Only Applies After Conviction

Not necessarily.

Interlock can arise before the criminal case is resolved including at the Initial Hearing or as a terms of Specialized Driving Privileges.

SDP and Interlock Are the Same Thing

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No.

They are related, but they are not the same.

A person may have:

SDP
SDP with interlock
Interlock in lieu of suspension

depending on the circumstances and county.

Frequently Asked Questions

Will I need ignition interlock?

Possibly. The answer depends on the facts and the county.

Can I get SDP without interlock?

In some counties that is possible. However, in most counties, interlock is required as condition of SDP in an OWI case.

What happens in a refusal case?

Refusal cases often require a different driver’s-license strategy.

Can interlock be ordered instead of a suspension?

Yes. Indiana law allows courts to utilize ignition interlock as an alternative to suspension in certain situations.

FREE LEGAL CONSULTATION

Talk to an experienced criminal attorney now.

You need to act fast to protect your rights. Certain defenses and motions must be filed prior to deadlines set by the court. Our experienced criminal defense attorneys will develop a strategy to attack the evidence in your case. Schedule a free consultation now.

Ignition Interlock Device for Indiana OWI

OWI Defense Attorneys