Last Updated on August 1, 2014 by Morris Green
Established as a highway safety initiative in 1989, the North Carolina Division of Motor Vehicles (NCDMV) created the State of North Carolina Ignition Interlock Program. The objective of the Program is to hold drivers convicted of DWI accountable and to change their driving behavior. Ultimately, the goal is to improve public safety. As the Program evolved and developed, the NCDMV adopted technology to assist in the oversight of its existing DWI statutes or laws (NCGS Sections 20-17.8 and 20-179.3).
These statutes set out those instances in which a driver’s operation of a motor vehicle is limited by law to “a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner” of NCDMV. This means that it is lawful for the DMV to put a restriction on your driving if you have been arrested and convicted of DWI, depending on the level or type of offense.
The ignition interlock laws apply to anyone who has had their license revoked for driving while impaired and has requested limited driving privileges. In many cases, the limited driving privilege will be granted, however, you may also be required to install an ignition interlock device.
When It’s Required: An Interlock Device Is Required When:
- The person had an alcohol concentration of .15 or more;
- The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person’s license has been revoked; or
- The person was sentenced due to habitual impaired driving.
Length of Time: A Driver Will Be Required To Use The Interlock Ignition Device:
If the person was eligible for and received a limited driving privilege with the ignition interlock requirement, the period of time for which that limited driving privilege shall be:
- One year from the date of restoration if the original revocation period was one year;
- Three years from the date of restoration if the original revocation period was four years; or
- Seven years from the date of restoration if the original revocation was a permanent revocation.
NC Ignition Interlock Laws Will Only Get Tougher
At the time of publication, the North Carolina General Assembly was in session discussing this very law, and have proposed amendments to the statutes to add a clause that will require the interlock ignition device to be installed for anyone under the age of 21 who is convicted of a DWI – no matter what level of offense. Since it is illegal for children under the age of 21 to drink, this is a serious step by the state to decrease the number of accidents, deaths and injuries caused by underage drinking.
There is also a proposed amendment to lower the alcohol concentration to .08 (instead of .15) before requiring the use of the ignition interlock device, and requiring it for anyone who refuses a chemical analysis test.
I am currently a part of the interlock program required by the great, beautiful, high gas tax, no work state of N.C
. I have no problem with unit installed in my vehicle. That’s part of you okay, you pay. Intact, I have done much more than that. $26,000 in rehab, paid all fines. ECT.
. with that being said, I am just wondering why this great country of ours has abilities to GPS bin laden, monitor an astronauts heart rate from Huston, but no one other than North Carolina can calibrate interlocks that were installed in North Carolina. I’m guessing that alcohol is not the same between states? Then why can they make arrests from people driving their highways that drank in say S.C.?
. Its simple. I have smart start and not monitech……
. I have pd. N.c. Enough. I now live in fl. But because smart start has convenient locations for me there, N.C. Insists I make the drive once a month to them. They can take care of western union online, absentee ballots, Skype oversees ECT.. But not an alcohol calibration……hmm…..$$$$ racket? Its ok though because I don’t buy high tax gas in the state. I fill up in chesnee S.C. Before I enter state …
Kevin,
I think you can get your device transferred to Florida so you won’t have to make a trip to NC just to have it calibrated. Have you addressed your issue with the NC DMV? If so, what guidance (if any) have they provided?
I have seen several cases where someone with an interlock device moves to NC and have it transferred from their previous state of residence to North Carolina. I’m assuming the inverse must be true.
I can look into this for you and see what I can come up with.
Hi Morris, i was just wondering how many years is it before a Habitual DWI offender can get their license back
I am on an asthma inhaler, after 10 mos of exhaling and humming for 7 seconds. If I could do it, more than once during the day – fine. I have always been the bronchitis child and the doctor gave me an inhaler, so I could drive. I paid my dues 8 yrs ago for the one stupid decision I made. I finally decided to get a car & license last yr. I have a 3 yr time frame on this device. I am no spring chicken & I have given out – breathing wise. U only get so many times and u get a violation. There’s no giving me more breathing capability and no, I was never a smoker. my inhaler can’t be used to drive as they read that I am drinking – with all this tech in today’s world and I can’t use an inhaler. I have basically thrown in the towel. Tried to go to the store today & I am out of oxygen -breathe harder it says over and over. It is basically cruel and unusual punishment. I don’t mind having the device if the dmv and court says so – but it was made for a teenager to operate it. It has driven me to an anxiety point. And the dmv says if I try to get a med excuse to have it adjusted, I have a 30 day time frame to receive packet from them, go to 2 drs, have them fill out paperwork, get back to dmv and they will decide and could say no. I picture all kinds of things making the 30 days elapse and I was informed then my license would be taken away again, because the 30 days passed to see 2 doctors. My main dr wrote a letter, but it isn’t good enough. thanks.
I definitely empathize with your situation. I had one of those devices placed in my car for 30 days just to see what some of our clients experience and it was very difficult to deal with.
Is there ever an early release from this device? I am at a place where I informed my husband to take the car, have the device removed and sell my car and feel like a loser for good.
I don’t think there is an “early release” or exemption to the interlock device other than the (medical) process with the DMV that you’ve described.
My husband got his device placed on vehicle in 2012. Of course it takes some time getting used to it. Had a couple of small violations that was called in before hearing. One time he used windshield wiper fluid during a snow storm and it violated the machine. He immediately drove straight to the police department and requested a breathilizer test. Had he not done that, they would have taken his license b/c of the contents of the fluid getting into the machine. We’ve had several problems like this. Also, we both commute an hour to work, have four kids we shuffle around a lot. He puts a lot of miles on vehicles and has to travel for work. His last DUI was in 2002. It’s 2015 now. In order to make sure we were doing everything right, we had a machine put on two other vehicles (gas saver vehicle and a large dually truck so we could pull a camper). We wanted to make sure he did the right thing. The gas saver car broke down (as it had over 250,000 miles on it) and we didn’t get it into the shop (an hour away) within the 90 days. SmartStart records should show he was driving his primary truck. The car had been parked for at least a month. They’ve now taken his license for a year saying he violated by not getting that 3rd vehicle brought in on time. There were other issues too – like accusing us of not having taken it in earlier when we DID. Smartstart said they downloaded the info – but DMV kept saying…no you didn’t, when we clearly know we did. We gave DMV a receipt showing the download date. That wasn’t good enough for them. How can this happen? SmartStart told my husband they could not give HIM a copy of the report. We’ve now later found out that was a lie. So DMV is taking his license over false issues. No blood alcohol involved whatsoever. BEWARE people. Beware!! Later is when we had not taken that car in b/c it was broke down.
My fiance lost his license 7 years ago. It was his first offence but BC of what he blew part of his getting his license back wad getting interlock. He couldn’t afford it so he’s just driven for 7yrs. Can he get his license back without getting interlock after 7years without driving?
my brother was arrested for DWI on 7/10/04, disposition date of 9/29/04 level 5, appealed, remanded… because in 11/04 he had was arrested for DWI and felony death by vehicle…once the first dwi came down they used it as malice and charged with with 2nd degree murder – he plead and they slid in DWI level 4, disposition date 4/06. He has served 10 years in prison and will get out in the next couple months. prior to going to prison he lost his license for 1 year and did not drive. obviously he hasn’t driven in 10 + years. I spoke with DMV and they told me he will need to get assessment, pay revocation fee and test. Then someone said he will have to get interlock… but that’s for privileges only right?