As we represent you on possible Ignition Interlock Violations, it is critical that you understand what each term means as we discuss your defense and legal options:
The following words and terms are superficially defined in the only regulation that is published by the NCDMV regarding Ignition Interlock: the Ignition Interlock Program Standards and Procedures (“Standards and Procedures”)
Alcohol – ethyl alcohol, also called ethanol (C2H5OH) and refers to any substance containing any form of alcohol as defined. The problem is that the Ignition Interlock device cannot specifically distinguish this chemical from similar “interferents”
Anti-Circumvention Feature – a feature or circuitry incorporated into the Breath Alcohol Ignition Interlock Device “BAIID” that attempts to prevent activity that would cause the BAIID not to operate as intended.
BRAC – the amount of alcohol in a Participating User’s breath that shall be measured by the number of grams of alcohol per 210 liters of breath. The problem is that the device is not a measuring instrument, it is a safety device. But the NCDMV tries to use this safety device as a measuring instrument. It simply is not!
BAIID – a Breath Alcohol Ignition Interlock Device that
- connects a Motor Vehicle to an analyzer that measures a Participating User’s breath alcohol concentration (or an interferant);
- prevents a Motor Vehicle from starting if the Participating User’s breath alcohol concentration (or an interferant) is at or above the Fail Point; and
- is equipped with the ability to perform a required and a Running Test and to electronically log the user’s breath alcohol concentration during vehicle start/operation, attempted start/operation, Required Retest and Running Test as well as circumvention and tamper attempts.
A BAIID includes any auxiliary features, such as, but not limited to, a camera and attachments, which operate in conjunction with the BAIID but may not constitute a component part of the BAIID. A BAIID is a part of the IIS.
Breath Test – an analysis of the breath alcohol concentration (or an interferant) of a Deep Lung Breath Sample. Except that the device does not contain a Slope detector (as is contained on the Intox ECIRII (which is a measuring device rather than a safety device)).
Calibration – the adjusting and testing process approved by NCDMV that ensures an “accurate” alcohol concentration reading is being obtained by the BAIID. The problem is that there is no ongoing testing, and the device is getting bumped alot in vehicles and often malfunctions. In addition, the Standard Deviation is hidden and cannot be determined, so there is no standard for “Accuracy” in the scientific use of the term, but a pretext in administrative hearings.
Commissioner – the Commissioner of the North Carolina Division of Motor Vehicles as defined under N.C.G.S. 20-2.
Compliance Hearing – This term was initially used by the NCDMV to establish Condition Restorations hearings to see if the participant is in compliance with the signed contract. Later, after the Legislature adopted Ignition Interlock Requirements for ACR (Alcohol Content Restrictions) the NCDMV began calling ACR violation hearings under the same term, but statutorily the DMV does not have the authority to call for compliance hearings under ACR. Speak to an experienced Ignition Interlock Attorney at Dummit Fradin to discuss this defense to alleged violations.
Deep Lung Breath Sample – also known as “alveolar breath sample,” means an air sample that is the last portion of a prolonged, uninterrupted exhalation and that gives a quantitative measurement of alcohol concentration from which breath alcohol concentrations can be determined. “Alveolar” refers to the aveoli, which are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration. While the regulation calls for this deep lung air, the device does not have a way of determining