Q: I plead guilty to DUI in 2016, completed my probation requirements, and my probation has ended yet I "need" interlock??
How is it legal to hold me accountable to a private company in order to regain my driving privileges? I quit drinking 3 years ago, waited 4 years to complete probation, and I'm STILL forced to complete a interlock program that costs thousands of dollars before I can get my license back?! How is this Constitutional when the only other option would have been to go to a jury trial, likely lose, and face a year in jail?! How can they force me to do this once I've completed their legal obligations? Is this not a racket? I thought when my probation was over I'd be free to regain that privilege. I can't afford the interlock system for their arbitrary amount of time. This is ridiculous. I had zero choice in the matter when my pubic defender gave me no options.
A: The license revocation process is entirely separate from the criminal case. So for starters, nothing you would've done in the criminal case would have affected your license revocation. That is requires filing paperwork in a civil matter called Implied Consent. You do not have a constitutional right to a driver's license. I imagine that you are likely cancelled inimical to public safety due to prior DWIs which is why the interlock is required to get a valid driver's license. Otherwise, you can certainly wait out the revocation period and go without a driver's license if you prefer to not install the interlock.
William Bailey agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.