Ignition Interlock Requirements and Violations in Massachusetts: Protect Your Right to Drive

An ignition interlock restriction can feel like a sudden roadblock in your life, threatening your independence and freedom. At Erkan & Sullivan, P.C., we know how much is at stake. Whether it’s driving to work, picking up your kids, or just running errands, losing your license can disrupt everything. But here’s the good news: an ignition interlock restriction or violation of an interlock device restriction doesn’t have to mean the end of the road. With the right defense, you can fight back—and win.

When Are Drivers Required to Use an Ignition Interlock Device (IID)?

In Massachusetts, drivers with certain OUI convictions are required to install an ignition interlock device as part of their license reinstatement. The IID program is governed by G.L. c. 90, § 24(1)(c)(iii), G.L. c. 90, § 24 1/2 and the Massachusetts RMV regulations at 540 CMR 25.00.

You may be required to install an IID if:

• You have been convicted or admitted to more one than OUI offense. After completion of your initial suspension period, you must have an interlock device installed for a period of at least two years.
• You’re seeking reinstatement of a hardship license after a second or subsequent OUI conviction. The RMV can also impose an interlock restriction on a hardship license for a first offense, if the person registered a .15 or higher on the breathalyzer test.

The Cost of an Interlock Device

For individuals with a second or subsequent OUI offense, the expenses associated with installing and maintaining an ignition interlock device can be significant. The initial installation typically costs around $125, with ongoing monthly maintenance fees of at least $85. Over a required two-year period, these costs add up to a minimum of $2,290.

What Happens After an Ignition Interlock Device Violation?

When the authorities identify a potential IID violation, the consequences can be swift and severe:

1. New Criminal Charges:
   • G.L. c. 90, section 24S makes it a felony to drive in violation of an interlock device restriction. The potential penalty is severe, with a maximum sentence of five years in state prison and a minimum mandatory penalty of 150 days in jail. The statute also imposes a fine of at least $1,000 and up to $15,000.
2. Immediate License Suspension
   • If the RMV receives a report of a violation, they may suspend your license immediately. The loss of license for an interlock violation can be draconian. Your driving privileges can be taken away for up to 10 years or even permanently.
3. RMV Hearing
   • To challenge the violation, you must request a hearing at the RMV. This is your first opportunity to present evidence and contest the alleged violation.
4. Board of Appeals
   • If the RMV upholds the violation at your hearing, you can appeal the decision to the Massachusetts Board of Appeal on Motor Vehicle Liability Policies and Bonds (commonly referred to as the Board of Appeals).
5. Appeal to the Superior Court
   • If your administrative appeals are unsuccessful, you can take your case to Court. Court appeals are governed by G.L. c. 30A, § 14.

Appealing IID Violations to the Board of Appeals

The Massachusetts Board of Appeals is an independent body that reviews decisions made by the RMV. Appealing to the Board offers a second chance to overturn an ignition interlock violation and reinstate your driving privileges.

The Appeal Process

1. File an Appeal
   • Appeals must be filed with the Board of Appeals along with the required fee. The Board will schedule a hearing, often several months out.
2. Prepare Your Case
   • Unlike RMV hearings, the Board of Appeals allows for a more thorough presentation of evidence and arguments. This is where having a skilled attorney can make all the difference.
3. Present Evidence and Testimony
   • At the hearing, you can present new evidence, call witnesses, and challenge the RMV’s findings. For example, we may introduce:
     • Evidence of IID malfunctions or errors.
     • Expert testimony on false positives or calibration issues.
     • Documentation of medical conditions that could explain a failed test.
     • Evidence showing that you should be excused from the interlock requirement due to hardship, evidence of rehabilitation, or other equitable reasons.
4. Decision by the Board
   • The Board’s decision can be appealed further in Superior Court under limited circumstances pursuant to G.L. c. 30A, § 14.

Why Choose Erkan & Sullivan for Your Appeal?

At Erkan & Sullivan, we have extensive experience representing clients before the Massachusetts Board of Appeals. We know what works and what doesn’t—and we’re relentless in building the strongest possible case to protect your driving privileges.

How We Challenge IID Violations

At Erkan & Sullivan, P.C., we know how to expose the weaknesses in IID evidence and fight for your rights at every stage of the process.

Here’s How We Build Your Defense:

1. Challenge the Device’s Accuracy
   • We analyze the IID records for signs of false positives, improper calibration, or environmental interference. Device logs often contain clues that can undermine the RMV’s case. These machine errors are more common than you think. The RMV assumes it is your fault. Often, it is not.
2. Highlight Procedural Errors
   • The RMV and IID providers must follow strict protocols under 540 CMR 25.00. If they fail to meet these standards, we’ll argue to have the violation dismissed.
   • There is a technical aspect to the IID statute that many lawyers don’t realize: if your license gets suspended or revoked after you have an interlock restriction in place, you cannot be prosecuted for an interlock violation. The rationale behind this rule is that because your license was suspended or revoked, you necessarily were not driving on a restricted license. The case that explains this defense is Commonwealth v. Pettit, 83 Mass. App. Ct. 401 (2013).
3. Present Alternative Explanations
   • Medical conditions, foods, or other substances like hand sanitizer or cologne often explain false positives. We can bring in experts when necessary to support your case.
4. Advocate Relentlessly
   • From the RMV hearing to the Board of Appeals and beyond, we’re by your side every step of the way, ensuring your voice is heard and your rights are protected.

Why Choose Erkan & Sullivan, P.C.?

When your ability to drive is on the line, you need more than just a lawyer. You need a team that understands the stakes, knows the system, and has a proven track record of success.

• Unmatched Experience: Over four decades of combined legal experience in Massachusetts.
• Client-Centered Approach: Your story matters. We listen, investigate, and build a strategy tailored to you.
• Relentless Advocacy: We don’t back down from a fight. Whether it’s at the RMV, the Board of Appeals, or in court, we’re with you every step of the way.

Don’t Let an IID Violation Stop You—Fight Back Today

The RMV and ignition interlock program can feel like a Goliath, but you don’t have to face it alone. At Erkan & Sullivan, P.C., we bring the expertise, determination, and creativity you need to protect your driving privileges and get back to your life.

Call us today at (978) 474-0054 or fill out our online contact form to schedule a consultation. Let’s tackle this together—and win.

Erkan & Sullivan, P.C.
Relentless Criminal Defense. Proven Results.