I was arrested twice for a dui within a few months of each other a couple years ago. My lawyer was able to get them to do a CWOF and treat it as a first offense. I am now just trying to get my license and when I went to the RMV they told me that I needed an interlock device. The RMV explicitly states that in order to have an interlock device you must have “two convictions of a dui”. I do not believe I should have to get this device because neither of my DUI’s were convictions they were CWOF. I researched it a bit an in accordance with Souza v Registrar of Motor Vehicles the Registry cannot use a CWOF as a conviction. That being said I would have zero convictions and should not need this device. Do I have a case against the RMV?
No. You’re ignition interlock required. G.L. c. 90 § 24 ½ requires all repeat DUI offenders who are reinstating after January 1, 2006 to use a certified ignition interlock device during the entire term of any hardship license and for 2 years after getting the “H” restriction removed and a full reinstatement of your driver’s license. A CWOF is considered a conviction for IID purposes.
The Driver Control Unit of the Registry of Motor Vehicles and the Division of Insurance Board of Appeal both take a zero-tolerance approach when it comes to ignition interlock requirements.