The DMV may order an interlock device as a condition of a license or limited privilege despite a court order.
This is noteworthy because even if a defendant successfully challenges and suppresses a BAC reading, the DMV will still require an interlock based on the BAC result submitted at the time of arrest or blood test results availability. A successful challenge could significantly help your client, by allowing them to avoid the immediate costs of the interlock, and significantly, avoid the 45-day period without the availability of a limited driving privilege, post conviction.
Should the DMV challenge an immediate application and granting of a privilege by a District Court Judge, contact the Attorney Generals Office, and directly challenge the legality of their actions. Despite the time and burden, your success will have a positive impact on your client.
Warn them, however, that the interlock will still be required, for the full year, when the client goes to get their real license back at the expiration of the limited driving privilege.
In a day where the majority of DWIs see to come into court with high BAC results, knowledge of the statues are not enough. The DMV regulations, unpublished and often subjectively applied, must be discovered, committed to knowledge, and taught to our fellow bar members and communicated to defendants.