Interlock update

Gary S Bernstein

A repeat offender with breath test of .08-.14 who has a prior .08-.14 in the last 5 years is now interlock eligible without a Hearing.  That is because the offender is no longer eligible for a restricted driver’s license.  That does not mean that the ALJs are going to interpret this as meaning that they should automatically grant a restricted license to everyone whose prior offense is more than 5 years ago.  Quite the contrary, they are more likely to require an Interlock.  For the most part, I have client’s like this voluntarily install the Interlock so that they have a track record of success when we appear for the Hearing.