DUI and Technology
As a Boise DUI Attorney, I see many individuals sentenced after being found guilty of a DUI or pleading guilty to driving under the influence. Part of the sentence for a DUI in Idaho involves the use of technology and electronic devices. The two devices commonly used are the Ignition Interlock Device (IID) and the Transdermal Alcohol Device (TAD). As a Boise Criminal Lawyer my clients often ask me, "what are these and what are they for?"
Ignition Interlock Device
An IID is a device that is installed on a vehicle's ignition. The device requires that the individual "blow" before the car can be started. Like a breathalyzer, it measures the driver's blood alcohol content. It, periodically, while the car is being driven, also requires that the driver blow to ensure that the alcohol level in the blood has not changed.
In Idaho, an IID is part of the penalty for a second or third time DUI. It must be installed after the mandatory license suspension term is completed and must remain in place until the period of probation for the offense has expired. The requirement that the interlock device must be used will be noted on the individual's driver's license.
If anyone assists the individual restrained by the IID to start their car, they will be charged with a misdemeanor. This, however, doesn't apply if the individual helped start the car in an emergency or mechanical repair of the vehicle, so long as the individual required to use the IID does not operate the vehicle.
Transdermal Alcohol Device
A TAD is an anklet which continually monitors an individual's BAC. The device records and sends blood alcohol levels to a probation officer. The device is sophisticated enough to measure fumes of alcohol or chemicals in the individual's presence and can distinguish if the individual has consumed the alcohol or is just in an area where the fumes are present.
As a Boise Criminal Attorney, I have seen many individuals fitted with these devices. They are not required by statute but often a judge will require that an individual be monitored in this way. Often it is the case that the greater offender you are, the more likely you will be fitted with a TAD.
Ordinarily, a probation officer would do random UAs to see if the individual was violating their probation. The use of a TAD is continuous so there aren't any gaps in the monitoring.
A TAD can be ordered pursuant to a DUI conviction or the conviction of any other crime so long as one of the terms of the probation is that there is no consumption of alcohol. They can also be required as a condition of parole where one of the terms is that the individual may not consume alcohol.
If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Attorney, give us a call (208) 472-2383. You will be glad you did.
Boise Attorney, Pat Kershisnik, has been practicing law in the Boise Area for over 20 years. In his blog he discusses many Idaho legal issues including divorce, custody, DUI, criminal law, bankruptcy, employment law, estate planning, probate, personal injury, workers comp and small business law.
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