Ignition Interlock Device Act Exposed

The Ignition Interlock Device Act was adopted by ALEC's Criminal Justice Task Force on July 31, 2008, approved by the ALEC Board of Directors on September 11, 2008. (Accessed on 1/19/2016).

ALEC Bill Text

Summary

This bill provides for ignition interlock penalties for repeat drunk drivers and those who are found to have driven with a .15 blood alcohol content (BAC) or higher.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Short Title}

This act may be cited as the Anti-Drunk Driving Act

Section 2. {Definitions}

(A) In this section "ignition interlock device or system" means a device that:

(1) Connects a motor vehicle ignition system to a breath analyzer that measures a driver's blood alcohol level; and

(2) Prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device.

Section 3. {Main Provisions}

(A) In addition to any other penalties provided in this title for a violation of any of the provisions of (insert appropriate statute) of this article ("Driving while intoxicated"), or (insert appropriate statute) of this article ("Driving while under the influence of alcohol"), or in addition to any other condition of probation or administrative sanctions a court imposes, this act:

(1) Shall prohibit a person who is convicted of a second or subsequent violation of (insert appropriate statute) from operating a motor vehicle that is not equipped with an ignition interlock system, for a period of time to be determined by the court sentencing authority; and

(2) Shall prohibit a person who is convicted of a violation of (insert appropriate statute) with a blood alcohol content in excess of .15 from operating a motor vehicle that is not equipped with an ignition interlock system, for a period of time to be determined by the court sentencing authority.

(3) May prohibit a person who is convicted of a first violation of (insert appropriate statute) from operating a motor vehicle that is not equipped with an ignition interlock system, for a period of time to be determined by the court sentencing authority.

(B) If the court imposes the use of an ignition interlock system as a sentence, part of a sentence, or a condition of probation, the court:

(1) Shall state on the record the requirement for, and the period of the use of the system, and so notify the Administration;

(2) Shall direct that the records of the Administration reflect:

(i) That the person may not operate a motor vehicle that is not equipped with an ignition interlock system; and

(ii) Whether the court has expressly permitted the person to operate a motor vehicle without an ignition interlock system under certain circumstances;

(3) Shall direct the Administration to note in an appropriate manner a restriction on the person's license imposed under paragraph (3)(i) or (ii) of this subsection;

(4) Shall require proof of the installation of the system and monthly reporting by the person for verification of the proper operation of the system;

(5) Shall require the person to have the system monitored for proper use and accuracy by an entity approved by the Administration at least semiannually, or more frequently as the circumstances may require; and

(6) Shall require the person to pay the cost of leasing or buying, monitoring, and maintaining the system.

Section 4.

(A) It will be considered a violation of this act if any person attempts to disable or deactivate the ignition interlock device.

Section 5. {Severability Clause}

(A) If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

(1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or

(2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."

Section 6. {Repealer Clause}

Section 7. {Effective Date}

Adopted by the Criminal Justice Task Force on July 31, 2008.

Approved by the ALEC Board of Directors on September 11, 2008.