Having practiced DUI defense for 30 years, there have been a number of changes to temporary, hardship licenses and now ignition interlock. Traditionally a person could get a hardship license for travel to work and school with an affidavit from the school or employer. The change in the law has essentially removed this allowance in favor of Ignition Interlock.
I first wrote about Ignition Interlock a few years ago when it was very new to Kentucky. Having practiced also in Ohio, I had been familiar with the process and how it works. In Kentucky, your license will be suspended at the first hearing if you refused the blood or breath test. You will become immediately eligible for ignition interlock which is now monitored by the Department of Transportation. You must fill out an application (1 page) and provide proof of insurance and registration. If the vehicle is registered to another person, they must sign an affidavit of consent to have the Ignition Interlock installed in their vehicle.
This gets emailed to the DOT and they will approve the request. The driver then orders a Ignition Interlock Device (IID) which is shipped to a local installer. The vehicle is taken to the installer who installs the IID. After installation, the defendant can receive an Ignition Interlock License. This is a normal license that has restriction that can only drive a vehicle with IID installed (similar to those with corrective lenses must drive with glasses).
This IID remains in the vehicle for 4-6 months, during the term of suspension. IF the case results in a conviction, then the DUI license suspension should be back-dated to the date of the original suspension.
If you are facing a DUI and need legal representation, email [email protected], call 859-581-6453 (581-MIKE), or use this CONTACT FORM to schedule consultation.