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In an effort to reduce recidivism (repeat offenses), while allowing a customer to retain their driving privileges, an ignition interlock restriction can be imposed which would require the use of an IID on any vehicle operated by the customer for the duration of the restriction.
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An ignition interlock device (IID) or breath alcohol ignition interlock device (BAIID) can prevent a driver from starting a vehicle if the driver’s breath alcohol concentration (BrAC) is above a pre-set fail level. Similar to a breathalyzer, the IID analyzes the breath sample provided by the driver to determine the BrAC. If the BrAC is under the pre-set fail level, the IID will allow the ignition of the vehicle to start the engine. If a valid breath sample is not provided, or if the BrAC is at or above the pre-set fail level, the ignition will be disabled thus preventing the engine from being started.
Individuals will install for a variety of reasons. To satisfy a court ordered requirement, ie Probation or to retain their driving privileges as part of an administrative licensing requirement. Other reasons to have an IID are in child custody and family visitation issues when alcohol is a factor, family violence, plea bargain or deferred prosecution program, work related compliance or voluntarily.
Installation: Once the customer has an IID restriction, an appointment is scheduled with a service center for installation of the IID. At the initial installation, the customer will be trained on how to use the device and the applicable program requirements.
Monitoring: The IID will need be monitored regularly so that the IID data can be uploaded, and the device can be calibrated.
Removal: Once the order has been issued removing the IID restriction, the customer can then schedule a removal appointment.
The frequency of monitoring is usually once per month.
Fees can be incurred for installation, monitoring and removal. The device is leased to the customer for the duration of the program, and all costs for the device are inclusive in the monthly monitoring fee. On average, the installation ranges from $70 to $150, and monitoring ranges from $60 to $80 per month.
You may be eligible for a reduced cost. PLEASE ASK YOUR IGNITION INTERLOCK REPRESENTATIVE FOR MORE INFORMATION. To complete this application, your BAIID service provider may require you provide additional documentation: Valid participation card or a letter in original form from the governmental assistance program’s sponsoring agency written on the agency’s letterhead confirming the person’s qualification and eligibility for a Federal food stamp program, or The applicant’s filed tax return from the previous calendar year that indicates his/her reported income. See more about the Reduced Cost Program
Events (initial breath test and subsequent retests) are stored in the IID for future upload. Uploaded reports can then be provided to the appropriate monitoring agency / officer.
All IIDs must conform to the National Highway Traffic Safety Administration (NHTSA) standards as set forth in the Model Specifications for BAIIDs in the Federal Register, and any other state specific requirements.
Ultimately, it is the customer’s responsibility to restrict use of their vehicle and subsequent IID during the duration of the court-ordered restriction. Depending on the type of device, other security features may be in place to deter violations by someone other than the customer. In some instances the spouse can operate the vehicle for a one car family.
If a customer has difficulty with providing a sufficient amount of breath for a valid sample, the IID can be lowered to the minimum allowable 1.5L of breath, as set forth by NHTSA.
The IID cannot disable the engine if a retest is missed or failed. The IID can prevent the ignition from allowing the engine to start, but cannot disable the engine.
The IID will allow the ignition to be restarted without providing a breath test for several minutes following the engine’s cease of operation. This will allow the driver a sufficient amount of time to quickly restart the engine.
The person, company, or corporation that produces an ignition interlock device and certifies to the division that the manufacturer’s representative and manufacturer’s service providers are qualified to service and provide information on the manufacturer’s state-approved ignition interlock device.
The division shall approve and certify the manufacture’s device for use in the state, and the approval and certification shall remain in effect for 3 years.
8-1017. Circumvention of ignition interlock device; penalty. (a) No person shall:
(1) Tamper with an ignition interlock device, circumvent it or render it inaccurate or inoperative;
(2) request or solicit another to blow into an ignition interlock device, or start a motor vehicle equipped with such device, providing an operable motor vehicle to a person whose driving privileges have been restricted to driving a motor vehicle equipped with such device;
(3) blow into an ignition interlock device, or start a motor vehicle equipped with such device, providing an operable motor vehicle to a person whose driving privileges have been restricted to driving a motor vehicle equipped with such device; or
(4) operate a vehicle not equipped with an ignition interlock device while such person's driving privileges have been restricted to driving a motor vehicle equipped with such device.
(b) Violation of this section is a class A, nonperson misdemeanor.
(c) In addition to any other penalties provided by law:
(1) (A) On a first conviction of a violation of subsection (a)(1) or (a)(2), the division shall extend the ignition interlock restriction period on the person's driving privileges for an additional 90 days; and
(B) on a second or subsequent conviction of a violation of subsection (a)(1) or (a)(2), the division shall restart the original ignition interlock restriction period on the person's driving privileges; and
(2) on a conviction of a violation of subsection (a)(4), the division shall restart the original ignition interlock restriction period on the person's driving privileges.
History: L. 1988, ch. 48, § 2; L. 1994, ch. 353, § 12; L. 2011, ch. 105, § 16; July 1.