Whether you will be required to drive with a breathalyzer in your vehicle is not a straightforward determination. The general rule is that if a person has had two losses of driving privileges then they will have to install a breathalyzer in their vehicle. However, properly identifying these losses of driving privileges can be tricky and the information necessary to make this determination isn’t always readily available to the general public.
First, a loss of driving privileges must stem from an alcohol or drug based arrest. This means, for example, that if you have had your license suspended for having three moving violations within a 12 month period without alcohol or drugs in some way being involved, then this will not count toward you having to install a breathalyzer in your motor vehicle.
Second, you may have had your DUI arrest ultimately dismissed in court or even been found not guilty for the DUI, but you lost your driving privileges for not providing a breath sample during your arrest. In this case, this would still could toward you having to install a breathalyzer.
Third, the loss of driving privileges can be a suspension, or it can be a revocation that occurred after a conviction on a DUI. However, the Secretary of State does not count a suspension and a revocation stemming from the same DUI offense as two separate losses of driving privileges.
These are only a few examples of the unique complexities that underlie the determination for whether a breathalyzer will be installed in your vehicle. It is therefore imperative that you work with an experienced attorney when seeking driving relief through the Secretary of State.