Views: 0 Author: Site Editor Publish Time: 2025-08-21 Origin: Site
Many people wonder, is a temporary lockout a violation? Generally, a temporary lockout on an ignition interlock device is not considered a true violation. Most state laws, such as Arizona’s ARS 28-1464, define violations as tampering with the interlock, allowing others to use it, or driving without a functioning ignition interlock device. Since temporary lockouts only last for a short period, they do not indicate that someone has broken the rules. Drivers can be confident that if they follow all the device instructions, they are not committing a violation.
A temporary lockout stops your car from starting for a short time. This happens after a failed or missed breath test. It is usually not a violation if you follow the rules.
Temporary lockouts can happen for many reasons. Failing breath tests is one reason. Missing random retests is another. Device errors can also cause lockouts.
Lockout times are different in each state. They often start at 5 minutes. The time gets longer if you fail again. Permanent lockouts only happen after serious or repeated problems.
Violations happen when you ignore the device. Tampering with the device is a violation. Missing many retests is also a violation. Not getting required service is a violation too. These can make your program longer or cause you to lose your license.
Permanent lockouts are very serious. A technician must reset the device. Permanent lockouts happen after repeated violations. They also happen if you ignore service deadlines.
After a temporary lockout, wait for the timer to end. Then retest as the instructions say. If problems keep happening, contact your device provider for help.
Good habits help prevent lockouts and violations. Follow device instructions every time. Do not drink alcohol before tests. Go to all service visits. Report any issues quickly.
You are responsible for all lockouts in your car. This is true even if someone else causes them. Only let trusted people drive your vehicle.
A temporary lockout is a safety tool in every ignition interlock device. If a driver fails a breath test, the car will not start for a short time. Alcolock, a top maker, says a temporary lockout happens when the device finds too much alcohol in the breath. The driver must wait a few minutes before trying again. If the driver fails again, the wait gets longer. This helps make sure only sober drivers use the car. States like Florida and Virginia say a temporary lockout is a set time when the car cannot start after a failed breath test.
Jurisdiction | Official Definition of Temporary Lockout |
|---|---|
Florida Administrative Code | Stops the car from starting for a set time after a failed breath test. |
Virginia Administrative Code | Stops the car from starting for a set time after a failed breath test. |
Many things can cause a temporary lockout on an ignition interlock device. The most common reasons are failed breath tests, missed retests, and device errors.
A failed breath test is the main reason for a temporary lockout. If a driver blows into the device and has too much alcohol, the lockout starts. The driver cannot start the car until the wait is over and they pass a new test. This keeps unsafe drivers off the road.
Ignition interlock devices sometimes ask for random retests while driving. If a driver misses a retest, the device may lock out after the car is turned off. Missing retests is a common reason for lockouts, especially if the driver does not answer the device in time.
Sometimes, a device error can cause a temporary lockout. Problems like broken sensors or power loss can make the device lock out. In these cases, the driver should call the service provider for help.
How long a temporary lockout lasts depends on state rules and the program. Most states set the first lockout for a few minutes. For example, Pennsylvania makes drivers wait five minutes after the first failed test. If the driver fails again, the wait can go up to 30 minutes. Some states let drivers try again hours later. If someone keeps failing, it can lead to a permanent lockout and need service. The table below shows how lockout times can change:
State | Temporary Lockout Duration | Notes |
|---|---|---|
Pennsylvania | 5 minutes after first failed test | Goes up to 30 minutes after more failed tests |
Various | Few minutes up to 30 minutes | Depends on state and program rules |
General | After BAC ≥ 0.02-0.025 | Wait before next breath test |
Multiple | Durations increase with repeated fails | Many fails can cause a permanent lockout |
A temporary lockout is a warning and a safety step. It lets drivers retest and show they are sober before starting the car. The ignition interlock device uses this to help drivers act responsibly and avoid breaking rules. Drivers should always follow the device instructions to avoid longer lockouts or bigger problems with their IID.
Ignition interlock violations happen when someone breaks the program rules. These can be things like failing a breath test, missing a rolling retest, tampering with the device, or skipping service visits. Every ignition interlock device keeps track of all events, like failed tests and missed retests. State officials get these reports right away or during regular checks. For example, Colorado’s program checks devices every month and every 60 days. The program watches for violations like lockouts, tampering, or missed service. Colorado laws say violations can mean longer programs or losing your license. But not every lockout is a violation. The main goal is to keep roads safe by making sure only sober people drive.
Note: All 50 states have ignition interlock device laws, but each state has its own rules and penalties. Some states see repeated failed tests as small violations. Others treat them as big violations that can mean longer programs or losing your license.
A temporary lockout happens when the device stops the car from starting after a failed or missed breath test. This is not always a violation. Whether it is a violation depends on what the driver does next. If the driver follows the rules and retests, it usually does not count as a violation. But some actions can turn a lockout into a violation:
If you get lockouts in three or more months in a year, your program can get longer, and this counts as a violation.
Not giving a breath sample when the device asks is a violation.
Failing a rolling retest and not passing before turning off the car is a violation.
Tampering with the device, like disconnecting it without a good reason, is a serious violation and must be reported in three days.
The people who watch the program check for tampering and can start violation steps if they find it.
In Colorado, the program records every lockout and looks at them during hearings. If a driver keeps ignoring the device or tries to cheat, the program can last up to a year longer. The law says there must be monthly reports, but there is no public info on how often lockouts become violations. The main focus is on following the rules and safety, not punishing every mistake.
States handle violations and lockouts in different ways. Some states, like Virginia, say a temporary lockout is a set time when the car cannot start after a failed test. The wait time gets longer with each fail. The first lockout is five minutes, but more fails can mean a 15-minute lockout. If the device is not reset in five days, a permanent lockout happens, and the car will not start until it is fixed. Tampering with the device is a Class 1 misdemeanor in Virginia.
Oregon calls violations with ignition interlock devices Class A traffic violations. These include trying to start the car with high BAC, failing retests, tampering, or asking someone else to blow into the device. Penalties in Oregon include losing your license, and the time gets longer for more violations. The table below shows how Virginia and Oregon handle lockouts and violations:
State | Lockout Definition & Escalation | Penalties for Interlock Violations |
|---|---|---|
Virginia | Temporary lockout after failed test (5 min, then 15 min for repeats). Permanent lockout after 5 days without reset. | Permanent lockout, Class 1 misdemeanor for tampering, service required to reset. |
Oregon | Temporary lockout after failed or missed test. Repeated violations tracked. | Class A traffic violation, license suspension (1-5 years for repeats), program extension. |
All states make ignition interlock devices record and report violations. Some states lock you out after one violation, but others wait for more problems before bigger penalties. Small violations, like missing a service visit, may just make the program longer. Big violations, like tampering or many failed tests, can mean longer suspensions, court, or even getting DUI charges again.
The answer to "is a temporary lockout a violation" is not always the same. It depends on what the driver does, how many lockouts happen, and the state’s rules. Drivers who follow the device instructions and do not tamper with it can usually avoid big violations and serious penalties.
A permanent lockout happens when the ignition interlock device stops the car from starting. Only a certified technician can reset it. The lockout will not go away by waiting or retesting. The driver cannot use the car until it gets fixed. Most states say you must take the car to a service center soon. If you do not, the device goes into permanent lockout mode. Then, the car must be towed to the service center. The driver has to pay for towing and service.
Note: Permanent lockout is much more serious than a temporary lockout. It means the IID found many problems or rule violations.
Many things can cause a permanent lockout. The most common reasons are:
Failing several breath tests, especially with BAC over 0.025.
Missing service or calibration appointments.
Tampering with the device, like trying to disconnect it.
Not giving breath samples when asked.
Ignoring warnings or not taking the car for service on time.
The table below shows some main causes and what happens next:
Cause of Permanent Lockout | Description |
|---|---|
Multiple failed breath tests | Driver fails several tests in a row, often with high BAC readings |
Missed calibration/service | Driver does not bring the car for scheduled IID maintenance |
Tampering | Driver tries to disconnect or alter the device |
Failure to submit breath samples | Driver ignores or misses required breath tests |
Ignoring service deadlines | Driver does not return the vehicle for service within the set period |
Permanent lockout has serious legal and real-life effects. The driver cannot start the car until a technician resets the device. The car must be towed to a service center, and the driver pays all costs. The IID provider tells the authorities about the lockout and why it happened. This can lead to fines, losing your license, or even criminal charges.
The driver may lose their license for up to 10 years after the first violation. If they break the rules again, they can lose their license for life.
The state may take away any hardship license, and the driver cannot get a new one for at least 10 years.
Courts may fine the driver up to $5,000 or order jail time up to six months.
The driver must go to a hearing. The court looks at IID logs, failed tries, and the driver’s story. The driver can bring a lawyer and show proof, like medical records or BAC tests.
If the court finds the lockout was not the driver’s fault, it may drop the case.
Consequence/Action | Details |
|---|---|
License Revocation | 10-year revocation for first violation; lifetime for repeat offenders |
Lockout & Towing Costs | Vehicle must be towed if IID not reset within 48 hours; driver pays towing and service fees |
Loss of Hardship License | Immediate loss; ineligible for new hardship license for at least 10 years |
Hearing Process | Review of failed attempts, IID logs, driver explanation; right to legal representation |
Possible Hearing Outcomes | License revocation or dismissal if false positives proven |
Permanent lockout is very serious. Drivers should always follow IID rules and go to all service visits to avoid these tough penalties.
A temporary lockout causes short-term problems for drivers. When this happens, the car will not start for a certain time. Usually, after the first failed breath test, you must wait five minutes. If you fail again, you might wait up to 30 minutes. Rolling retest lockouts can happen if you skip or fail a random breath test while driving. In these cases, the horn might honk and the lights might flash. You have to pull over and turn off the car. The device then locks the car until the wait is over. If you miss or fail a rolling retest, you may see an early recall message. You must take the car for service within seven days to avoid a permanent lockout. If you get an immediate recall message, you only have three days to fix the problem. Ignoring these warnings will cause a permanent lockout.
Lockout Type | Trigger Condition | Short-term Consequences |
|---|---|---|
Temporary/Startup Lockout | BAC at or above set limit during startup breath test | Car will not start; wait five minutes before trying again; more fails mean 15-30 minute waits or longer |
Rolling Retest Lockout | Failing or skipping random breath tests while driving | Horn sounds and lights flash; driver must stop and turn off car; device locks car until wait time ends |
Early Recall | Failing/skipping rolling retest | Device shows recall message; driver must get service in seven days to avoid permanent lockout |
Immediate Recall | More severe failure or violation | Recall message gives three days to fix; not fixing leads to permanent lockout |
A temporary lockout does not always mean the driver broke the rules. It is a warning and lets the driver fix mistakes before bigger problems happen.
Violations are more serious than a simple lockout. States have different rules, but most are strict. Some violations are tampering with the device, missing many retests, or skipping service visits. These can make you keep the device longer, pay extra fines, or get a lockout that needs a service provider to fix. Serious violations can mean losing your license. States report violations right away or during regular checks. Drivers should know that rules and penalties change by state, so they need to ask local experts or providers.
Serious violations like tampering or missing many retests often mean you must use the device longer.
Repeated violations can lead to more fines.
After several violations, the device may lock out and only a service provider can reset it.
Serious violations can cause your license to be suspended or taken away.
Penalties include fines from $300 to $5,000, jail from 90 days to 2.5 years for first offenses, and up to 5 years for repeat violations.
License loss can last 10 years or even forever for hardship or reinstated licenses.
Other punishments may include alcohol rehab programs and community service.
Missing service visits is also a violation in many states.
Drivers who break the rules may get several of these penalties. The more violations you have, the more likely you will lose your license or get a permanent lockout.
A permanent lockout is the worst result of many violations or ignoring recall messages. If you do not go to the service center within five days after a violation, the device will permanently lock. This means the car will not start until a technician resets it. You may need to tow the car, which costs extra money. A permanent lockout counts as a violation and can make you fail the ignition interlock program. If you fail the program, you lose credit for time already served and must start over. There are no refunds or credits for lost time. If you lose your appeal, your license is revoked. To drive again, you must finish the program and get your license back. Courts might let you have a special license, but only if you use the device. You must go to all service visits, follow the rules, and appeal any program failures on time.
Permanent lockout happens five days after a violation if you do not visit the service center.
Failing the program means you lose all credit for time served and get no refund.
If you lose your appeal, your license is taken away.
You must finish the program again to get your license back.
Courts may give you a special license with strict rules.
Permanent lockout has the toughest penalties. Drivers must follow all rules and avoid violations to stop this from happening.
If a driver gets a temporary lockout, they should do a few things. Most ignition interlock device companies suggest these steps:
Wait until the lockout timer is done. This wait is usually 5 to 30 minutes. The time depends on why the lockout happened.
When the timer ends, the device will ask for another breath test. The driver should follow the instructions on the screen.
Write down important details. Note the time of the lockout, what you ate or drank, and any medicine you took. This can help explain what happened if someone asks later.
If the device keeps locking out or shows an error, call the interlock company for help.
Tip: Stay calm during a lockout. This helps you follow the steps. The ignition interlock device is made to keep people safe.
Intoxalock says drivers do not need to call for a normal temporary lockout. Just wait for the timer and retest as the device tells you.
Sometimes, the lockout does not go away after you try these steps. In those cases, you need to call the ignition interlock device company. They can help with many common problems. The table below lists some issues and what to do:
Common Issue with Ignition Interlock Device | Recommended Action |
|---|---|
Device will not turn on | Check the car battery; call the company if it still does not work |
Error code appears | Look up the code in the guide or call the company |
Early or immediate recall message | Make a service appointment right away |
Breath test aborted | Try again; if it fails, call the company |
Permanent lockout | Call the company to set up a reset appointment |
Service required | Call the company to get maintenance |
If the lockout keeps happening or becomes permanent, call the company right away. In Massachusetts, drivers have 48 hours to go to the service center after a lockout. This helps avoid towing and other problems. Companies like Intoxalock and ALCOLOCK have 24/7 support for urgent help.
Note: If a driver thinks the lockout was not fair, they can ask for a hearing with the motor vehicle department. They must do this within 30 days.
Drivers can do things to stop future lockouts with their ignition interlock device. Good habits and paying attention help avoid trouble:
Always follow the device instructions for each breath test.
Do not eat, drink, or use mouthwash with alcohol before testing.
Keep a list of any medicine or food that could affect the breath test.
Go to all service and calibration appointments.
Answer recall or service messages from the device quickly.
Keep the company’s phone number nearby for fast help.
Taking action early lowers the chance of lockouts. Drivers who follow these tips usually finish their interlock program without big problems.
By knowing what to do after a lockout, when to call for help, and how to prevent issues, drivers can use their ignition interlock device the right way and avoid violations.
Drivers can stop violations by using smart habits. Legal experts say these steps help anyone with an interlock device:
Do not leave your car running alone. This stops missed rolling retests. Missing retests can make you lose your license.
Check the interlock device before you turn off the car. Also, check before you get out. Make sure it does not ask for a rolling retest.
Start your car often to keep the battery charged. If the battery dies, use a jumpstart service. Save all receipts. Give the receipts and a note to the Department.
Tell the interlock company before fixing your car. Give repair receipts with dates and signatures.
Send repair papers to the Department in five days.
Do not eat, drink (except water), or use mouthwash with alcohol for 15 minutes before a breath test.
If the device finds alcohol, rinse your mouth with water. Try again in five minutes. Always follow the device’s instructions.
After a violation, get a breath or toxicology test. This helps your case if needed.
Only let trusted people drive your car. You are responsible for all violations, even if someone else causes them.
Tell the Department in seven days if you change interlock companies. Give them the new installation certificate.
Tip: State agencies watch drivers closely. They collect data from each device. This includes breath test results, tampering, and sometimes GPS location. Agencies get reports within 24 hours after monthly service. Staying organized and following these steps helps drivers avoid violations and keep their license.
Many drivers make easy mistakes that cause violations. Agencies report these common errors:
Using mouthwash, some foods, or medicine with alcohol before a breath test can cause false positives.
Missing maintenance or calibration appointments often leads to lockouts.
Missing or failing rolling retests triggers violations.
Not reporting device problems right away can make things worse.
Eating or using products with alcohol can cause a violation.
Ignoring recall or service messages from the device can lead to a permanent lockout.
Letting others drive without knowing the rules can cause violations.
Tampering with the device, like disconnecting or changing it, is very serious and brings tough penalties.
Note: State agencies collect and check data from every device. They send reports to the DMV or courts to make sure drivers follow all rules. Drivers should learn how the device works and talk to their provider to avoid these mistakes.
Temporary lockouts do not usually count as violations if drivers follow the rules. Research shows that following the rules means fewer lockouts and less trouble later. Drivers who ask for help and call their provider fix most problems fast.
Providers say never mess with the device, always go to service visits, and follow every breath test step.
Learning about the device and asking questions when needed helps drivers finish their program safely and avoid breaking the rules.
A temporary lockout stops the car from starting for a short time. This happens if you fail or miss a breath test. You have to wait before you can try again.
One temporary lockout does not usually hurt your driving record. States care more about people who break the rules many times. If you follow the rules, your record should be fine.
Most temporary lockouts last five to thirty minutes. The time depends on state laws and how many tests you fail. The device will show you a timer.
You should wait until the timer is done. Then, follow the device steps for a new breath test. If you still have trouble, call the service provider.
Yes, some foods and mouthwashes have alcohol in them. These can make you fail the breath test and get a lockout. Do not eat or use these before testing.
If you ignore the device or miss retests, it can become a violation. Many lockouts can make your program longer or bring other penalties.
Yes, if someone else tries to start your car and fails the test, you get a lockout. You are responsible for all lockouts, even if someone else caused them.
You should call the ignition interlock provider for help. Most companies have support all day and night. They can help fix errors or set up a service visit.
