Minneapolis, MN asked in Criminal Law for Minnesota

Q: Do ignition interlock violations get shared with probation officers, or just DVS?

I am in Minneapolis, MN on 2 years of probation for a DUI first offense, BAC over 0.16. Part of my probation agreement is no alcohol use. I failed an ignition interlock test 1 year into probation, and this is the first fail. I was not locked out of the device and able to start itlater. Ignition interlock was not ordered by the courts, I enrolled so that I could keep driving to work. I know failed results are sent to the DPS/DMV, which will extend my interlock period 90 days. Is this information also forwarded to my probation officer? Will this result in a VOP? The MN Interlock handbook states "The Minnesota Ignition Interlock Device Program is administered by the Department of Public Safety (Department) Driver and Vehicle Services (DVS). These program guidelines do not apply to any probation or court requirements, nor is the State involved in any agreements with probation and/or the courts regarding use of the ignition interlock device. "

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: That is not necessarily something that will be reported to probation. However, probation might become aware that your interlock obligation was extended and would also likely become aware if your limited license was suspended due to continuing violations of the ignition interlock obligations.

1 user found this answer helpful

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I doubt that the Interlock provider or Minnesota Dept. of Pub. Safety would report Interlock issues to a Probation Officer. On the other hand a Probation Officer may be able access Drivers License records. Personally, I don't think Interlock positives should result in a Probation Violation, since those are sometimes due to technical issues; and even when they represent a slip, this should be viewed as a de minimus violation without more. Of course, others might disagree with me on that.

1 user found this answer helpful

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