Vermont Interlock FAQ | MYERSON LAW OFFICES

Effective January 1, 2011; the Vermont Department of Motor Vehicles and the Vermont Department of Corrections will conduct a 6-month Ignition Interlock Device Pilot Project. A very limited number of participants will be chosen for the Pilot Project. If chosen, and if all eligibility requirements are met, an Ignition Interlock Restricted Driver’s License (RDL) may be issued, that would allow the operation of a non-commercial vehicle equipped with an ignition interlock device.

What is an Ignition Interlock Device Restricted Driver’s License?

An Ignition Interlock Device Restricted License, referred to as an “RDL”, allows you to drive noncommercial
vehicles equipped with an ignition interlock device, while your regular license is
suspended or revoked for an alcohol-related driving under the influence offense. You are granted
a conditional reinstatement ahead of your normal eligibility date if you participate in the Ignition
Interlock Program. If granted an RDL, you must adhere to all of the terms and conditions
associated with an RDL; failing to do so will result in an immediate recall or permanent revocation
of your RDL.

What is an Ignition Interlock Device?

An Ignition Interlock Device, referred to as an “IID”, is an after-market device, slightly larger than a
cell phone, which is installed in a vehicle. The IID is connected to the starter or ignition, or other
on-board computer system of a vehicle. The device prevents a driver from operating the vehicle if
the driver has been drinking. Before starting the vehicle, a driver must blow into the device; if the
driver’s BAC is at or over a pre-set limit, 0.02 in Vermont, the IID will not allow the vehicle to start.
Once the vehicle is started, at random times during the operation of the vehicle, the device will
prompt the driver to provide another breath sample, referred to as “rolling retests”. If the breath
sample is not provided, or if the breath sample is at or exceeds a BAC of 0.02, the IID will log the
event as a “failure”, and will then signal the vehicle to begin flashing the lights and sounding the
FAQ’s – Page 4
horn. This will continue until the vehicle is turned off, or a clean breath sample has been provided.

Obtaining an RDL

How do I apply for an RDL?

You will need to complete an Application for Ignition Interlock Device Restricted Driver’s License –
New or Renewal. You can obtain an application by contacting DMV. For the Ignition Interlock
Device Pilot Project, application must be made in person at the Montpelier office only.

How much does is cost to get an RDL?

The cost for a new RDL is $15.00. If you have an Enhanced Driver’s License (EDL), the cost is
$40.00.

Who is eligible for an RDL?

The eligibility requirements are as follows:

You must have served a portion of your suspension term as follows:
- If this was your 1st offense, you must have served 30 days of your suspension.
- If this was your 2nd offense, you must have served 90 days of your suspension.
- If this was your 3rd or subsequent offense, you must have served 1 year of your
  suspension.
  - For persons under 21:
    - If this was your 1st offense, you must have served 30 days of your suspension.
    - If this was your 2nd or subsequent offense, you must have served 90 days of your
      suspension.

Do I have to take an exam?

If your license was revoked, if you are currently serving a LIFE suspension, or if your license has
been expired 3 or more years; you will be required to take the eye, written and road exams prior to
obtaining an RDL. You can contact our Information Unit at (802) 828-2050 for further information.

How do I know if I am not eligible for an RDL?

You are not eligible for an RDL for any of the following reasons:

The driving under the influence offense for which you are suspended involved a refusal of test.
The driving under the influence offense for which you are suspended involved a crash resulting
in serious injury or death.
You have an open refusal of test suspension.
You are currently under suspension for driving while under the influence of drugs.
You had previously been reinstated under the Total Abstinence law.
You currently hold a Learner’s Permit or Jr. Operator’s License.
You are under suspension for a reason other than a driving under the influence conviction.

If I am eligible, are there any other requirements?

Yes. You must also do the following:

Pay the Reinstatement Fee.
Provide proof of Financial Responsibility.
Provide proof of enrollment in an alcohol and driving education program, approved by Project
CRASH by having their authorized agent complete Section 12 of the Application for Ignition
Interlock Device Restricted Driver’s License – New or Renewal.
Provide proof of installation of an approved IID by having the installer complete Section 13 of
the Application for Ignition Interlock Device Restricted Driver’s License – New or Renewal.

I have a Commercial Driver’s License; can I apply for an RDL?

Yes. However, your CDL will be downgraded to a Class D license which does not permit operation of commercial vehicles.

I want to apply for an RDL, but when I called Project CRASH, I was told there is a long
waiting list to start an alcohol and driving education program. Does this mean I cannot get
an RDL?

No. You can apply for an RDL. You only need to be enrolled in a program. On your RDL application, Project CRASH will verify your enrollment.

If I am issued an RDL, when does it expire?

Your RDL will expire 1 year from the date it is issued to you. You will need to renew your RDL on a yearly basis. See Renewing an RDL.

Renewing an RDL

How often do I need to renew my RDL?

Your RDL must be renewed on a yearly basis. A renewal notice, along with an Application for Ignition Interlock Device Restricted Driver’s License – New or Renewal will be mailed to you 30 days before your RDL expires. You will need to complete the application and return it to DMV with the appropriate renewal fee. If you do not renew your RDL on or by the expiration, you will go back under suspension, and will remain under suspension until you renew your RDL.

Note: The expiration date of your RDL will be 1 year from the date of issue; however, your
current non-ignition interlock device restricted license (your “regular” Operator License or Enhanced Driver’s License) will retain its pre-existing expiration date. While holding an RDL, you will need to renew both your RDL and your pre-existing license.
Example: If your current Operator’s License/EDL expires on 10/7/12, and your RDL is
issued on 8/15/10; you must renew the RDL on 8/15/11, paying the applicable renewal fee. When your pre-existing license expires on 10/7/12, you must renew that license as well, paying the applicable 2-year or 4-year license fee.

How much does it cost to renew my RDL?

The cost for an RDL renewal is $15.00. If you have an Enhanced Driver’s License (EDL), the cost is $40.00.

How many times can I renew my RDL?

Provided you are willing to pay all of the associated costs of having an interlock device (i.e. installation, purchasing or leasing, calibrating, data retrieval, etc.) your RDL can be renewed on a
yearly basis for an indefinite number of years.

Return to an unrestricted license:

How do I get my unrestricted license back after I serve the term of the RDL?

If this was your 1st offense: Operate under the terms of an RDL for 6 months.
- If a permanent revocation of the RDL occurred as a result of a violation of the terms of an RDL – 1 year from date of suspension.

If this was your 2nd offense: Operate under the terms of an RDL for 18 months.
- If a permanent revocation of the RDL occurred as a result of a violation of the terms of an RDL – 2 years from the date of suspension.

If this was your 3rd or subsequent offense: Operate under the terms of an RDL for 3 years, plus prove Total Abstinence.
- If a permanent revocation of the RDL occurred as a result of a violation of the terms of an RDL – 4 years from the date of suspension, plus prove Total Abstinence.

For persons under 21:
- If this was your 1st offense: Operate under the terms of an RDL for 9 months.
  - If a permanent revocation of the RDL occurred as a result of a violation of the terms of
    an RDL – 1 year from the date of suspension.
- If this was your 2nd or subsequent offense: Operate under the terms of an RDL for 18 months.
  - If a permanent revocation of the RDL occurred as a result of a violation of the terms of
    an RDL – 2 years from the date of suspension.

Obtaining and Installation of an Ignition Interlock Device:

Where can I get information about getting an IID installed?

For the Ignition Interlock Device Pilot Project, you will be provided with a list of manufacturers and installers.

Are there different types of IID’s?

Yes. For the most part, there are two types of IID’s; (1) a “standard” device and, (2) a device that is equipped with a camera or facial recognition software. Some of the camera/facial recognition
devices also have GPS and “real-time” reporting capabilities.

Does it matter what type of IID I have installed?

In some cases, yes. The Parole Board and/or your Probation and Parole Officer may require you to install a device that is equipped with a camera or facial recognition software, and/or has GPS
capabilities. The list of manufacturers and installers will indicate the types of IID’s they offer.

How much does it cost to have an IID?

Costs will vary by manufacturer, installer and type of device. You are responsible for all the costs associated with an ignition interlock device. These costs can include: installation, purchasing or
leasing, removal, calibrating, data retrieval, servicing and any other fees charged by the installer/manufacturer. Contact manufacturers or installers to find one that best suits your needs.

How do I use an IID?

When the device is installed on your vehicle, the installer will provide you with both written, and hands on training, on how to operate a vehicle equipped with an IID.

Do I need to have an IID installed on all vehicles owned/registered to me?

No. However, you cannot drive a vehicle without an IID. If you have multiple vehicles, you can install an IID on the only vehicle you will use, or you can install an IID on multiple vehicles. If you
install IID’s on more than one vehicle, you will have to pay all of the associated fees (i.e. installation, purchasing or leasing, removal, calibrating, data retrieval, servicing, etc.) for each IID installed in a vehicle.

Can I install an IID on my motorcycle?

No. Because IID’s perform “rolling retests”, for safety purposes, IID’s cannot be installed on motorcycles.

Can I install an IID on my snowmobile, motorboat or ATV?

No. IID’s can only be installed on vehicles (cars and non-commercial trucks).

I need to rent a car; can I drive a rental car with my RDL?

The terms of your RDL allow you to drive only vehicles equipped with an IID; if the rental car does not have an IID, you cannot drive the rental vehicle.

Do I need to notify you that I had the interlock installed?

Yes. As proof of installation, the installer will need to complete Section 13 of the Application for Ignition Interlock Device Restricted Driver’s License – New or Renewal.

Operating a Vehicle Equipped with an Ignition Interlock Device:

What is “permanent lockout state”?

When certain violations are logged by the IID, when the vehicle is turned off, the IID will not allow the vehicle to start again under any circumstances. The vehicle would need to be towed to the
installer for servicing before you can operate it again. The violations which result in a permanent lockout state are:

If the IID detects tampering, circumvention or bypass attempts.
A total of 3 refusals to provide a retest sample during the period of time you hold an RDL.
A scheduled service date is missed.
Service is not obtained within 5 days of the service reminder.

Some of the above violations will also result in an immediate recall of your RDL and you will go back under suspension.

What is a “rolling retest”?

To prevent a driver from having someone else blow into the IID to start a vehicle, and to prevent a driver from drinking while driving, the IID requires the driver to submit to random retests at variable
intervals after a driver has passed an initial breath test and started the vehicle. The IID will signal
you to take a retest within a certain amount of time after starting your vehicle.

Will performing a “rolling retest” cause me to take my eyes off the road, creating a
hazardous situation?

No. When the IID signals for a retest, the driver has a few minutes to provide the sample or to pull over to the side of the road in a safe area to provide the breath sample. There are no buttons to
push; the driver must only breathe into the unit to complete a breath sample. This is much simpler
than using a cell phone or tuning a car stereo.

What happens if I fail the breath test during a “rolling retest”?

If the IID detects a BAC of 0.02 or greater, the horn will sound repeatedly and the headlights will flash until the vehicle is turned off. Once the vehicle is turned off, the IID will not allow you to restart the vehicle within 3 minutes without taking an initial breath test. Failing a “rolling retest” will
result in an immediate recall of your RDL and you will go back under suspension.

What happens if I do not provide a breath test during a “rolling retest”?

If you fail to do the retest within 10 minutes, the horn will sound repeatedly and the headlights will flash until the vehicle is turned off. Once the vehicle is turned off, the IID will not allow you to restart the vehicle within 3 minutes without taking an initial breath test. Upon a total of 3 refusals
to provide a retest during the period of time you hold an RDL, the IID will place your vehicle in a
permanent lockout state; the vehicle would have to be towed to the installer for service before you
can operate it again.

Why do the lights flash and the horn blow if I fail a “rolling retest”, or if I do not provide a breath test during the “rolling retest”?

If you have failed the “rolling retest” breath test, or if you do not provide a breath sample for a “rolling retest”, the flashing of lights and sounding of the horn is a mechanism of alerting law
enforcement who are in the area you are travelling. It is a warning that they should conduct a traffic stop on your vehicle.

If I fail a “rolling retest”, will my car turn off while I am driving?

No. For safety reasons, the device cannot turn off the vehicle while you are driving. If you turn the vehicle off, it will not start again, but it will not turn off while you are driving.

Can family members and friends drive my IID equipped vehicle?

Yes. However, because they will need to blow into the device to start the vehicle, you need to be aware that you are responsible for the readings recorded by the ignition interlock device. If
someone else blows into the device, and that person has a BAC of 0.02 or greater, it will be presumed that you were the person who provided the breath sample, and that you were over the limit (considered a “failure”). This “failure” will appear on the report that is distributed to the Department of Motor Vehicles and the Department of Corrections.

What if I am required to drive my employer’s company vehicle that has no IID?

You may only operate vehicles equipped with an IID.

Can I drive a commercial vehicle with an RDL?

No. If you had a CDL when you were suspended for your alcohol offense, when you apply for an RDL, your CDL will be downgraded to a Class D license.

Miscellaneous Information about Ignition Interlock Devices:

Does the IID need to be serviced or maintained in any way?

Yes. Once installed in your vehicle, the IID must be calibrated and inspected by a certified installer every 30 days for the duration of the terms of an RDL. See Ignition Interlock Device Restricted Driver’s License (RDL) FAQ’s. The inspection is done to make sure the IID is
working properly and to detect any issues of non-compliance. At the time of inspection, the
installer will:

Review the data recorded in the device’s memory.
Inspect the device for indications of tampering.
Calibrate the device.
Forward data reports to both DMV and the Department of Corrections.

What is a “swap out”?

Some manufacturers perform “swap outs” instead of requiring you to go to an installer every 30 days. The manufacturer will send you a new unit every 30 days, at which time you will remove the
current device and replace it with the new device. When the manufacturer receives the device
you removed, they will:

Review the data recorded in the device’s memory.
Inspect the device for indications of tampering.
Forward data reports to both DMV and the Department of Corrections.

What kind of information does the IID record?

The IID collects and stores the information below, which is reported to the Department of Motor Vehicles and the Department of Corrections. This information is also provided to Project CRASH.

The date and time of any use, or attempted use of a vehicle.
The date and time of any attempt to tamper, circumvent or bypass the device.
The date, time and alcohol concentration, in grams per 210 liters, of each breath sample provided to the device.
The date and time of any malfunctions of the device.
The date and time of any failures to provide retest samples.
The date and time a “service required” message is issued to the customer by the device.
The date any service is performed.
The mileage and hours of operation of the vehicle since the previous service was performed.

Does the Department of Motor Vehicles monitor the IID?

Yes. When the IID is serviced every 30 days, the installer forwards the data reports to both DMV and the Department of Corrections. If the data report indicates a failure to comply with any of the
interlock program requirements, it will result in the immediate recall of your RDL and you will go
back under suspension. See Violations FAQ’s.

What if I forget to bring my car to the installer for servicing?

The device will give you a reminder 7 days prior to a scheduled service date, followed by a warning to obtain service within 5 days. If you fail to bring your vehicle to the installer for service
within those 5 days, the IID will place your vehicle in a permanent lockout state; the vehicle would
have to be towed to the installer for service before you can operate it again. Failure to bring your
car in for service will result in an immediate recall of your RDL and you will go back under
suspension. See Violations FAQ’s.

What things will make me fail a breath test?

Anything containing alcohol; alcoholic beverages, mouthwash, food cooked with alcohol, some fermented fruits, some toothpastes, cough medicine, inhalers, etc. If your blood alcohol
concentration, is at or over a BAC of 0.02 as a result of consuming any of these items, you will not
be allowed to start the vehicle. The IID will record the failure, which will be noted in the data
report.

What happens if I fail the breath test when I try to start my car?

The vehicle will not start and the IID will enter a short lockout period of a few minutes. This lockout period allows an opportunity for the alcohol to dissipate from the mouth and for you to
consider the reason for the failed breath alcohol test, for example; is the failure a result of the use
of mouthwash, cough syrup, etc., or as a result of consuming too much alcohol. The IID will record the failure, which will be noted in the data report.

What happens if I fail a breath test, but I have not been drinking?

Rinse your mouth with water and keep taking a retest until you successfully past the test.

Will the IID lose the memory data if the battery is disconnected?

No. The device has a battery backup system to protect the data memory.

Can I use a remote car starter on my IID equipped vehicle?

No. Because you have to blow into the device to start your car, a remote car starter will not work.

In extreme weather, can I go start my car and let it run with the heater or air conditioner on, until the car warms up or cools down?

No. The IID will randomly ask for breath tests (“rolling retests”) while the vehicle is running. If a sample is not given when requested, the horn will sound repeatedly and the headlights will flash
until the vehicle is turned off. The IID will log this as failure to provide a “rolling retests” which is a
violation. See Violations FAQ’s.

What happens if I have repair work or a Vermont State Inspection done on my IID equipped
vehicle?

We strongly suggest that you notify your installer before performing vehicle maintenance, service or repairs that would involve starting or driving your vehicle or disconnecting the battery. Your auto
repair technician can contact your installer for specific instructions on how to avoid recording
erroneous violations.

What if I tried to use a balloon, canned air or other air source to mimic my breath sample?

All IID’s have anti-circumvention techniques, which cause the IID to abort phony breath samples. The IID will detect and log this as an attempt to bypass, tamper with or circumvent the device and
will place the vehicle in a permanent lockout state. The vehicle would have to be towed to the
installer for service before you can operate it again.

Can I have someone else take the breath test for me to start the vehicle?

No. Vermont law and Rules for Ignition Interlock Devices makes it unlawful for an RDL holder to request or solicit another person to blow into, or otherwise activate the device, for the purpose of
operating the IID equipped vehicle while you are under the influence of alcohol. A violation such as this will result in the immediate recall of your RDL and you will go back under suspension. See Violations FAQ’s.

What if I did have someone else take the breath test for me so I could drive my car?

If the car was started illegally, because the IID randomly prompts you for a “rolling retest”, a couple of things can happen:

When you are prompted to take the retest, if you fail to do so within 10 minutes, the horn will
sound repeatedly and the headlights will flash until the vehicle is turned off. Once the vehicle
is turned off, the IID will not allow you to restart the vehicle within 3 minutes without taking an
initial breath test.
- Upon a total of 3 refusals to provide a retest during the period of time you hold an RDL, the
  IID will place your vehicle in a permanent lockout state; the vehicle would have to be towed
  to the installer for service before you can operate it again. This will also result in an
  immediate recall of your RDL and you will go back under suspension. See Violations
  FAQ’s.
If you take the retest and the IID detects a BAC of 0.02 or greater, the horn will sound
repeatedly and the headlights will flash until the vehicle is turned off. Once the vehicle is
turned off, the IID will not allow you to restart the vehicle within 3 minutes without taking an
initial breath test. Failing a “rolling retest” will result in an immediate recall of your RDL and
you will go back under suspension. See Violations FAQ’s.

If the IID unit malfunctions, will it shut the vehicle off?

No. The IID unit has no means of interrupting the operation of a vehicle once it is started.

What happens if the vehicle stalls in traffic?

The IID unit permits you to restart the vehicle without having to provide another breath sample, but a breath sample will be requested shortly after restarting.

Will installation of the IID damage the vehicle?

No. The IID unit is only connected to the wiring under the dash and under the hood. At the end of the program, the installer should restore the wiring to their pre-IID installation conditions.

What if I will temporarily be out-of-state; how will I meet the requirements of my RDL?

Vermont requirements still need to be maintained. Contact the manufacturer of your IID to locate an authorized interlock installer in the jurisdiction you will be in, who will provide you with the
required services. It is your responsibility to work with your interlock manufacturer and authorized
installer to provide us with all required reporting until you return to Vermont.

I have been experiencing problems with my ignition interlock device, what do I do?

Contact your installer. If it is after their normal business hours, your installer should have provided you with a 24 hour emergency telephone number for assistance.

I have been experiencing problems with my IID installer, how do I file a complaint against the installer?

Contact the manufacturer of the IID installed in your vehicle. A list of manufacturers can be found
on our website (dmv.vermont.gov), or may be found in the information, pamphlet or manual you
received when the IID was installed in your vehicle.

Removal of an Ignition Interlock Device:

What happens if I sell my vehicle?

Prior to selling the vehicle you must have the IID removed by the installer and then installed in
your new vehicle.

What if my vehicle has been wrecked?

Contact your installer for specific instructions on how to handle this situation. Depending upon the amount of damage to your vehicle, you may need to obtain a new IID.

I have kept my IID for the required amount of time based on my suspension, what steps
should I take before having the device removed?

Contact DMV to verify that you are eligible to have the interlock removed. If you have met your requirements, DMV will advise you that you may have the IID removed from your vehicle. You will
also need to re-apply for the restoration of your unrestricted license by completing a Duplicate or
Corrected Registration / License / Learner Permit or Removal of Restriction Application, TA-VL-
15. See Ignition Interlock Device Restricted Driver’s License (RDL) FAQ’s – Return to an
unrestricted license.

What if remove the IID from my vehicle before I am eligible to have it removed?

This is considered a violation and will result in the immediate recall of your RDL for up to 1 year. See Violations FAQ’s.

Violations

What actions are considered violations of the terms and conditions of an RDL?

The following actions are considered violations of the terms and conditions of an RDL and will
result in the immediate recall of your RDL for up to 1 year:
- Operating a motor vehicle without an ignition interlock device.
- Requesting or soliciting another person to blow into or otherwise activate the device for the
  purpose of providing the restricted driver with an operable motor vehicle.
- Registering a 0.02 BAC during a “rolling retest”.
- Missing a service visit.
- Removing, tampering with, disconnecting or disabling the device or circumventing the
  operation of the device.
- Failing to submit to a retest that results in a permanent lock out condition. (Upon your third
  refusal to provide a retest during the period of time you hold an RDL.)
- Having the device removed from the vehicle by a manufacturer, installer or unauthorized
  person.
- Committing an offense that results in any other suspension (for example, if you receive a
  speeding ticket which results in a Total Accumulation of Points Suspension).
The following actions are considered violations of the terms and conditions of an RDL and will
result in the permanent revocation of your RDL:
- Driving after your license/privilege to operate has been suspended or revoked.
- Driving to endanger
- Gross negligent operation of a vehicle.
- Leaving the scene of an accident.
- Negligent operation of a vehicle.
- Operating a vehicle without the owner’s consent.
- Reckless driving
- Refusal to obey an officer.

What is the difference between a “recall” and a “revocation” of an RDL?

In both cases, your RDL is “suspended”; you will not be able to drive any vehicle, whether it is equipped with an IID or not.

If your RDL is recalled, you may reapply for an RDL after you serve the term of the recall
(suspension).

If your RDL is revoked, you cannot reapply for an RDL. To reinstate your privilege to operate a
motor vehicle, you will need to serve the appropriate term of the revocation. At the end of term of
the revocation, you can apply for reinstatement of your unrestricted license (your non-IID
restricted license). See Ignition Interlock Device Restricted Driver’s License (RDL) FAQ’s –
Return to an Unrestricted License.

Requests for Hearings

I was denied an RDL, can I request a hearing?

A person whose application for an RDL is denied may request a hearing. The hearing is to
provide the person with the opportunity to show cause why the decision of the Commissioner
should not be upheld.

My RDL was recalled, can I request a hearing?

A person who has been convicted or adjudicated of an offense resulting in the recall of his or her RDL, may request an administrative hearing for the sole purpose of verifying the record of
adjudication or conviction.

Who do I contact to request a hearing?

Agency of Transportation
Policy & Hearings Section
One National Life Drive
Montpelier, VT 05633-5001
(802) 828-2016