Q: A person w/DWI required to the get assessment and treatment program also have interlock installed. Can one do both?
Also when will the person get their license in order to drive legally with the interlock system?
A:
If a person gets convicted of a DWI and has a prior conviction within 7 years of the offense date or there was a minor (under 18) in the vehicle at the time of the offense or was suspended for a prior DWI or was in an accident causing serious injury or death, then they will be sentenced at level A1, 1 or 2 due to the grossly aggravating factor(s) above. In that case there will be mandatory jail time and they would not be able to get a driving privilege regardless of an assessment or interlock.
If there are no grossly aggravating factors indicated above they would be sentenced at level 3, 4 or 5 depending on the aggravating and mitigating factors present. An assessment and compliance with the recommended treatment is a mitigating factor AND is one of the requirements for a limited driving privilege. If the BAC is .15 or higher ignition interlock would be a required condition of a limited driving privilege and must be a restriction for 1 year with the right to drive (whether on a limited privilege or after license reinstatement) in any event.
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