How Can Drivers Confirm Their Interlock Provider Meets Program Rules?

Just because an ignition interlock program appears to be functioning properly does not mean that everything is okay. It is quite possible for a driver to serve months or even years of time on a program that was installed illegally and for no reason whatsoever. Typically, when problems with a program are finally uncovered, the consequence of all of the time spent on a non-compliant interlock is that the time is disallowed and the driver is placed back on restriction for the full term of the original sentence.

Verification refers to the required tasks that must be completed in a specific order to confirm requirements have been met. The following explains how to verify that all requirements have been met to confirm you have completed all required actions to confirm prior to Installation, at Installation and to maintain documentation to support your compliance.

Verify authorization against the monitoring authority, not the vendor

You might think that the word “approved” would mean that a product has been endorsed by a state agency or by a test to measure performance of interlock devices nationally. But “approved” has far different meanings. For example, a product may be certified by a state but not be authorized for use in that state’s jurisdiction to supervise drivers.

Check the agency’s published list of approved service centers for your area. For example, if you’re a Virginia driver, you’d do well to work from the current roster of Alexandria Virginia ASAP approved interlock providers before booking anything.

Three checks that catch most problems

• Confirm the specific device model is authorized, not just the company name. Vendors often sell several models, and only some carry current certification.
• Confirm the physical service center location is authorized. A company can hold statewide approval while a particular franchise location is not yet listed.
• Check the date on the published list. Authorizations lapse, and a cached or printed roster from a year ago proves nothing.

What to confirm at the installation appointment

You will typically need an installation certificate for the Interlock Device showing the serial number of the device, the Vehicle Identification Number (VIN) for the vehicle, the date of installation and the name of the Service Center where the device was installed. This will be the document that the court or other licensing agency will require as proof of compliance with their order.

Make sure all fields are completed accurately prior to leaving the appointment, especially the Vehicle Information and Restriction Start Date fields, as these fields can be inadvertently left blank. Amending a filed record is considered to be an irregularity by some agencies.

Questions worth asking before the technician starts work

1. Which agency will receive the reporting data, and on what schedule?
2. What is the required calibration interval, and does the vendor’s default match it?
3. Does the program require a camera, GPS, or real-time reporting, and is this unit configured accordingly?
4. What happens to reporting if the vehicle is sold or the device is moved?

Comparing verification routes

Confirmation methods of installation verification hold different weight as evidence of installation and verification. Below is a table that outlines the information verified by different methods of verification and the weight of evidence they hold.

Ongoing obligations that providers do not always flag

Just because a service center was “approved” at the time of installation does not mean they will still be “approved” at the time of the review hearing. The agency rarely contacts the driver when a service center has lost approval. It only takes a few minutes to confirm that the service center is still approved at the time of the review hearing, and is worth the effort to prevent costly delays.

In addition to all of the Verification information above, remember that calibration appointments are required as part of compliance with Interlock programs, and thus late arrivals within a ‘grace window’ will in fact be logged as non-compliance even if there was no alcohol detected. Therefore, be certain to arrive on time to all required verifications.

Keep a parallel file

Drivers need to retain all copies of service records including installation certificates, all calibration records, all reports generated by the device, and all copies of correspondence sent by the vendor regarding complaints with the device’s operation.

Where requirements diverge

Important, The rules of the programs can differ greatly from state to state and even within programs within the same state. Some programs require interlock devices on all of a license holder’s vehicles while others only require the device on vehicles that the holder is registered as owner or co-owner. The time between required calibrations can vary from as little as 30 days to 60 days or more. The number of rolling retests allowed before a violation lockout occurs can also vary. Even how a positive alcohol reading is defined can vary from program to program.

Make sure you compare what your written order says against the current published rules of the monitoring authority. Vendor personnel are not experts and do not have the authority to interpret your court order. Their explanation of same, whether verbal or in writing, would have no value in a hearing on a compliance issue.

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