Can the Interlock Substantiate Violation of Probation?
As stated earlier, the goal of the interlock is to deter drinking and driving, not to re-convict an already-convicted DWI offender. In most cases, when a defendant is ordered by the court to install an ignition interlock, he or she is also ordered not to drink for the term of probations – ostensibly to rule out the possibility of drinking and driving. As the court is not naive enough to believe that simply ordering someone to not drink will result in the cessation of drinking and driving, the interlock is ordered as a countermeasure. In fact, according to a study entitled, “Stanching the Flow” by Joplin City Prosecutor David Barrett, over 82% of defendants attempt to drink and drive even with an interlock installed. Evergreen Ignition Interlock does not have the authority to violate a defendant’s probation. That is the right of the probation agent or judge. Our job is to report to the court-appointed agency and to provide a bimonthly or monthly summary generated by the interlock of all
