North Carolina Ignition Interlock Device (IID) Requirements

North Carolina law requires service and data download of ignition interlock devices within 60 days of installation and every 60 days thereafter.

Ignition Interlock Device (IID) Requirements in North Carolina

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle that prevents it from starting if the driver's breath alcohol concentration (BrAC) exceeds a pre-set limit. In North Carolina, the IID program aims to reduce drunk driving by requiring certain offenders to install and maintain these devices as a condition of regaining or maintaining driving privileges.

When is an IID Required in North Carolina?

North Carolina mandates IID installation in several scenarios:

• High BAC: If convicted of Driving While Impaired (DWI) with a Blood Alcohol Concentration (BAC) of 0.15% or higher.
• Repeat Offenses: If convicted of a second DWI offense within seven years of a prior offense, regardless of BAC level at the time of the second arrest. The seven-year lookback period is from the date of the prior offense to the date of the current offense.
• Refusal to Submit to Chemical Testing: If a driver "willfully refuses" to submit to a breath or blood test, resulting in a 12-month civil revocation. While a Limited Driving Privilege (LDP) may be granted after a 6-month waiting period, it requires IID installation.
• Aggravated Level One DWI: If sentenced under Aggravated Level 1 punishment for DWI, such as when a person under 18 was in the vehicle at the time of the offense.
• Felony Death or Serious Injury by Vehicle: Convictions for felony death or serious injury by vehicle (G.S. 20-141.4) require IIDs as a condition of eventual license restoration.

Even if not mandated, a driver may voluntarily choose to install an IID to waive time and purpose restrictions on a Limited Driving Privilege, effectively gaining 24/7 driving rights.

Duration of IID Requirement

The duration for which an IID is required depends on the specific circumstances of the DWI conviction(s), but is usually between 1 and 4 years. Consult with your attorney to determine the specifics of your situation.

How the IID Works

The IID process involves several steps:

1. Breath Test Before Starting: Before starting the vehicle, the driver must provide a breath sample. If the BrAC is above the set limit (either 0.02 or 0.00, depending on the restriction), the vehicle will not start and a lockout period occurs.
2. Rolling Retests: While driving, the IID will prompt the driver to provide additional breath samples at random intervals. Failing or skipping a rolling retest is considered a violation.
3. Violation Triggers: Several actions can trigger a violation, including:

• Attempting to start the vehicle with a BrAC above the threshold.
• Failing a rolling retest.
• Missing a rolling retest.
• Tampering with the device (e.g., disconnecting power, cutting wires, or using simulated breath).
• Missing a scheduled calibration appointment.

Costs Associated with IID Installation and Maintenance

The cost of an IID in North Carolina includes several components:

• Installation Fee: An initial fee to install the device in the vehicle.
• Monthly Lease/Rental Fee: A recurring monthly fee for leasing the device.
• Calibration Fee: A fee charged every 60 days (or potentially every 30 days, depending on vendor or court order) for servicing and data downloading.
• Removal Fee: A fee to remove the device once the required period is complete.

North Carolina has an affordability and waiver program for indigent drivers as outlined in G.S. § 20-179.5, mandating that vendors provide financial relief to qualifying applicants.

State-Approved IID Providers

North Carolina operates under a "Certified Provider" model, with the NCDMV certifying vendors authorized to lease, install, and monitor IIDs within the state.

There are currently four primary state-approved vendors. Drivers can select any of these providers based on location, price, or service quality.

It is critical to contract with one of the certified entities. A driver cannot purchase a device online from a third party and install it themselves; the chain of custody for data monitoring must be maintained by a certified vendor.

Consequences of IID Violations

Violations of the IID program can have serious consequences:

• Reporting: Vendors are legally required to report violations to the NCDMV. For drivers with a Limited Driving Privilege, violations may also be reported to the Court or probation officer.
• Lockout: The device may enter a temporary lockout after a failed initial breath test. Missing a scheduled calibration appointment can trigger a "Permanent Lockout", preventing the vehicle from starting and often requiring towing to the service center.
• License Revocation: Repeated or serious violations can lead to the extension of the IID requirement or even the revocation of driving privileges.

Missing a scheduled calibration appointment can result in a "Permanent Lockout."