Ignition Interlock Devices (IIDs) For DACA Recipients, U.S. Legal Residents, and Undocumented Immigrants in Montana

What is an Ignition Interlock Device (IID), and how does it work for all drivers in Montana?

An Ignition Interlock Device (IID) is an in-car breathalyzer designed to prevent a vehicle from starting if the driver’s blood alcohol content (BAC) exceeds a certain level. The device is linked to the vehicle’s ignition system; so before the engine will start, the driver must blow into a tube attached to the device. If the BAC is above the limit set by the court, the vehicle will not start.

In Montana, drivers are required to install an IID on any vehicles they own or operate as part of their sentence for driving under the influence convictions. The court will determine how long the device must stay installed. During this time, drivers must provide routine maintenance and calibration for the device, and they must pass regular breath tests in order to start their vehicles.

Are there differences in IID requirements based on immigration status in Montana?

Yes, there are differences in IID requirements based on immigration status in Montana. Non-citizens who are legally present in the U.S. are required to use an ignition interlock device for a minimum of 6 months after their license has been reinstated, while citizens are only required to use an IID for a minimum of 3 months.

Under what circumstances are IIDs mandated for drivers in Montana?

In Montana, drivers who have been convicted of driving under the influence of alcohol or drugs, or who have been found to have a blood alcohol content of .08 or above, are required to install an ignition interlock device in their vehicles in order to regain their driving privileges. Additionally, drivers who have been convicted of two or more DUI/DWI offenses within 10 years must also install an IID.

Do first-time DUI offenders face different IID requirements than repeat offenders, regardless of immigration status in Montana?

No, the same IID (Ignition Interlock Device) requirements apply to all drivers convicted of DUI in Montana regardless of their immigration status or whether it is their first DUI or a repeat offense.

What is the process for installing an IID in a vehicle, and how much does it cost for all drivers in Montana?

The process for installing an ignition interlock device (IID) in a vehicle in Montana is as follows:

1. Obtain a court order or approval from the Montana Department of Transportation (MDT) stating that an IID is required.

2. Select an authorized service provider and contact them to schedule an installation appointment.

3. Bring the vehicle and all necessary documents to the installation appointment.

4. Follow the instructions given by the service provider to install the IID.

5. Pay for the installation and any associated fees, including document preparation fees, equipment fees, and monthly monitoring fees.

The cost of an IID in Montana varies depending on the provider, but typically ranges from $70-$150 for installation, and between $50-$100 per month for monitoring fees. All drivers in Montana are required to pay these associated costs when installing an IID.

Is there a difference in the duration of IID requirements based on immigration status in Montana?

Yes, there is a difference in the duration of IID requirements based on immigration status in Montana. Non-citizens with certain immigration statuses, such as Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA), may be required to have an IID installed for a longer period of time than U.S. citizens. In Montana, non-citizens may be required to have an IID for up to three years while U.S. citizens may be required to have an IID for up to one year.

Can individuals with IIDs drive any vehicle, or are there restrictions on the types of vehicles they can operate in Montana?

Individuals with IIDs are allowed to operate any vehicle in Montana. However, the vehicle must be equipped with an ignition interlock device. The vehicle must also be registered in Montana and the individual must possess a valid driver’s license. The individual is also responsible for ensuring that the IID is properly maintained and calibrated according to state law.

Are there penalties for tampering with or circumventing an IID for all groups in Montana?

Yes. In Montana, individuals who tamper with or circumvent an ignition interlock device are subject to a variety of penalties, including jail time, fines, and license revocation or suspension. The specific penalties vary depending on the type of offense and the offender’s driving record.

Can drivers request a hardship or restricted license that allows them to drive with an IID during license suspension for all drivers in Montana?

Yes, drivers in Montana are eligible for a hardship or restricted license that allows them to drive with an ignition interlock device (IID). This type of restricted license is issued after a driver has served at least three months of the original suspension period, and can only be used to drive to and from work, school, alcohol treatment programs, and medical appointments.

What is the process for regular maintenance and calibration of IIDs, and who is responsible for the costs in Montana?

The process for regular maintenance and calibration of ignition interlock devices (IIDs) in Montana is as follows:

1. The individual who has been court-ordered to use an IID must have the device serviced and calibrated in accordance with the manufacturer’s instructions.

2. The IID must be serviced and calibrated by a service center approved by the Department of Justice.

3. The cost of the maintenance and calibration is the responsibility of the individual who has been court-ordered to use the device.

Are there resources or organizations that provide guidance on IID requirements for all drivers in Montana?

Yes, there are several resources and organizations that provide guidance on IID requirements for all drivers in Montana. The Montana Department of Justice (DOJ) is the primary resource for information on Montana IID requirements. The DOJ provides a comprehensive overview of all relevant laws and regulations, as well as information about programs, services, and resources to help drivers meet their IID requirements. Additionally, the Montana Department of Motor Vehicles (DMV) provides information about the installation and use of IIDs in Montana. The National Safety Council’s Montana chapter also provides resources and information about IID requirements for all drivers in Montana.

What rights and legal protections apply to drivers using IIDs in Montana?

In Montana, drivers who are required to use an ignition interlock device (IID) in order to operate their vehicle are protected by certain rights and legal protections. These include the right to appeal an IID requirement, the right to privacy regarding their IID use, the right to receive assistance with their IID installation and use, and the right to a fair hearing if their license is suspended due to an IID violation. Additionally, Montana law prohibits employers from discriminating against applicants or employees because they have been required to use an IID.

Can IIDs have immigration consequences for DACA recipients and undocumented immigrants in Montana?

Yes, IIDs can have immigration consequences for DACA recipients and undocumented immigrants in Montana. Depending on the circumstances of the offense, a person may face deportation if convicted of a charge related to an IID. Additionally, IID offenses can count as a “crime involving moral turpitude” which can also result in deportation.

How do IIDs interact with DUI vs. DWI distinctions in Montana?

In Montana, an IID (Ignition Interlock Device) may be imposed if an individual is convicted of a DUI (Driving Under the Influence). A conviction of a DWI (Driving While Intoxicated) in Montana may also require the installation of an IID, depending on the specific circumstances of the case. Additionally, some IIDs may be required for certain DUI offenses even when there has been no conviction or adjudication of guilt.

Can individuals with IIDs sponsor family members for immigration, and does the presence of an IID affect the sponsorship process in Montana?

Yes, individuals with IIDs (Individuals with Interim Disability Status) can sponsor family members for immigration. However, the presence of an IID may affect the sponsorship process in Montana. Individuals with an IID are subject to a “public charge” test when applying for certain benefits, such as assistance with immigration. This means that they must demonstrate that they can support themselves and their family members financially in order to be considered for sponsorship.

Are there options for removing IIDs from vehicles once the mandated period is over for all drivers in Montana?

Yes, there are options for removing IIDs from vehicles once the mandated period is over for all drivers in Montana. Drivers can go to their local Motor Vehicle Office and obtain a form to request a removal of the IID. The form must be completed in its entirety and signed by the driver and the Department of Motor Vehicles before the removal can be processed. Additionally, drivers may need to pay a fee to have the IID removed.

What happens if a driver fails a breath test on the IID, and does this affect their DUI case in Montana?

If a driver fails a breath test on an IID, they will immediately be suspended from driving in the state of Montana. Depending on the circumstances, this could also affect their DUI case. If the breath test was part of an official police investigation, then the results of the test could be used as evidence against them in court.

Do IIDs have any impact on auto insurance rates for all groups in Montana?

Auto insurance rates for all groups in Montana are impacted by a range of factors, including type of vehicle, driving history and age. IIDs, or ignition interlock devices, can also have an impact on auto insurance rates. IIDs are typically required for drivers with multiple DUI convictions and drivers under the influence of alcohol to ensure they remain sober while driving. Insurance providers may charge higher premiums for drivers who are required to use an IID due to their increased risk.

What is the process for staying informed about changes in IID laws and requirements that affect all drivers in Montana?

The best way to stay informed about changes to IID laws and requirements in Montana is to stay up to date on news and information from the Montana Department of Transportation (MDT). The MDT provides updates on their website and social media accounts, as well as through their newsletter. Additionally, drivers can contact their local law enforcement office to ask about any changes to IID laws and requirements.

Are there financial assistance programs available to help cover the costs of IIDs for individuals who cannot afford them in Montana?

Yes, Montana offers the 24/7 Sobriety Program, which is a financial assistance program that can help cover the cost of IIDs for individuals who cannot afford them. Participants of the 24/7 Sobriety Program may be eligible to have their IID fees waived or reduced. For more information about this program, please contact the Montana Department of Transportation at 406-444-7117.