Driving while impaired (DWI) in the State of North Carolina may result in a court order for an ignition interlock device (IID). The IID is connected to the vehicle’s ignition system. Prior to starting the vehicle, the offender is required to submit a breath sample into the device. If the device detects a breath alcohol content that is higher than a pre-set limit, the vehicle will not start. While the offender is operating the vehicle, the device alerts the offender to submit breath samples at random times. These “rolling re-tests” are mandatory. If the offender fails to submit a sample or if the rolling re-test results in a breath alcohol content that is higher than the limit, the device activates the vehicle’s horn and flashes the lights. In order to deactivate the horn and lights, the offender must turn off the vehicle or submit a clean breath sample. Offenders must obtain IIDs from service providers that are authorized by the state.
IIDs are ordered in DWI cases involving a blood alcohol content (BAC) of 0.15 or higher, including the operation of a commercial vehicle; subsequent DWI-related offenses within seven years of the first offense; habitual impaired driving and manslaughter or negligent homicide where impaired driving is a factor in the case. The pre-set limit of the IID is determined by the level of DWI offense. For cases involving a BAC of 0.15 or higher, the IID is installed with a 0.04 limit. If the offender is convicted of a subsequent offense within seven years of the first offense or of habitual impaired driving, the IID is installed with a 0.00 limit. If the offender is convicted of driving a commercial vehicle with a BAC of 0.15 or higher, manslaughter due to DWI or negligent homicide due to DWI, the IID is installed with a 0.00 limit.
The IID requirement begins after the offender serves a mandatory period of driving privilege revocation. The IID requirement is determined by the court based on the circumstances of the DWI-related conviction and any prior DWI-related convictions of the offender. For offenders who have their driving privileges revoked for a period of one year, the IID is required for a period of one year after the revocation period. For offenders who have their driving privileges revoked for four years, the IID is required for a period of three years after the revocation period. When driving privileges are revoked for the lifetime of the offender, the IID is required for seven years.
IIDs must be installed on any and all vehicles owned by the offender. If one or more vehicles owned by the offender are used by a family member for transportation, the court may allow an exception to the IID requirement. In these cases, the offender is not required to install IIDs in the vehicles used by the family member. The offender must not operate the vehicles that are not IID-equipped.
The offender is responsible for any and all costs associated with the ignition interlock device. Costs include the purchase of the IID, monthly lease payments, service fees, maintenance and monitoring fees and any other fees imposed by the service provider.
Additional Resources For Ignition Interlock North Carolina Laws
North Carolina Ignition Interlock
