Drive on Revoked charge based on Ignition Interlock reading

"I blew into the Ignition Interlock device in my car. The machine said that I had alcohol in my system and made me re-test. My P.O. then had me arrested for Drive Revoked even though my Interlock let me drive away."

This is not how things typically work, but the charge is proper. Under the laws of the Commonwealth, if you have been convicted of an alcohol-related driving offense (which is why you would have an Ignition Interlock device installed), any BAC reading over 0.02 is Driving on a Revoked License, DUI-related. In most jurisdictions, this offense is always punished with at least some jail time.

It might be challenging for the prosecutor to get a conviction, since the Ignition Interlock is only calibrated on a monthly basis, but the charge is proper. If the BAC reading was well outside a reasonable margin of error, a prosecutor could proceed on this charge based solely on the Ignition Interlock device reading. It is highly unlikely that a full-up DUI charge could be proven this way, but that is also a risk in a situation of a high positive BAC result during a 'rolling retest.'

If you are in this situation and would like to speak with an attorney, please feel free to contact my office to arrange for a free consultation.

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"This page is not an advertisement; it is a blog. The views and opinions expressed on this blog are solely those of attorney Robert Lorey. The purpose of these articles is to inform the public regarding various issues involving the criminal justice system and should not be construed to suggest a similar outcome in any other case. The outcome of any case depends on a myriad of factors which are well outside this blog post."

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