The Ignition Interlock Device is an in-car Breathalyzer that, when used correctly, prevents drunk drivers from driving.
The Ignition Interlock system is a device installed near the steering wheel that is about the size of a hand-held calculator and includes a blowing tube. The driver must blow into the tube before starting the vehicle and if the alcohol concentration level after the driver blows into the tube is above a certain limit, the device will prevent the vehicle from starting.
It was not until the year that congress adopted a nationwide legal limit of 0. In , Dr. Rolla Harger, an Indiana University professor of toxicology and biochemistry, patented a device called the Drunkometer. The device required a breath sample, that when mixed with a chemical solution, determined the level of intoxication of a subject. In , Robert Borkenstein invented the breathalyzer.
This machine used chemical oxidation and photometry to determine alcohol concentration. This invention surpassed the Drunkometer for its accuracy and user friendly capabilities. The first performance based interlocks were developed by Borg-Warner Corp in The ignition interlock is a device commonly installed into the vehicles of DUI offenders.
In order for the vehicle to be operable, the offender must submit a breath sample that is either low-alcohol or alcohol free, thus allowing the engine to be started. If defendant registers a BAC of 0. The licensing agency may establish an ignition interlock program for persons who have been convicted of alcohol-related driving offenses. This program does not apply to persons who have been convicted of driving while under the influence of a controlled substance.
A person who is subject to license suspension via the point system for a conviction of DWI may be issued a restricted license by participating in the Ignition Interlock Program.
A person who is subject to license revocation following a conviction for either DWI or for DUI may have the license suspended in lieu of revocation by participating in the ignition interlock program. The suspension periods or restricted license imposed are the same as for DWI. Offenders with more than one drunken-driving conviction are required to install an ignition interlock device on their vehicles for a period of 2 years as a condition of having their licenses reinstated.
A person who has had his license revoked for any drunk-driving offense may, after the mandatory revocation period, be issued a restricted license instead of full driving privileges. If a restricted license is issued, the driver is limited to operating motor vehicles that are equipped with an ignition interlock device. The initial period for the use of such device is 1 year.
A judge is not required to sentence a person as provided in this section if the judge requires the person as a condition of probation to drive only motor vehicles equipped with an ignition interlock device meeting the standards described in section First offenders may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction. Second or subsequent offenders may apply for a limited license, subject to the ignition interlock restriction, if the program participant is enrolled in a licensed chemical dependency treatment or rehabilitation program as recommended in a chemical use assessment, and if the participant meets the other applicable requirements of section Tampering or attempting to circumvent the interlock system: days for a first violation; 1 year for a second violation; or days for a third and each subsequent violation.
Issuance of restricted license. The commissioner shall not issue a license unless the program participant has provided satisfactory proof that:. If the participant has previously been convicted of violating section A participant may drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties pursuant to the program guidelines established by the commissioner and with the employer's written consent.
For the first offense, the offender will have license suspended for 90 days and until such person attends and successfully completes an alcohol safety education program.
Upon a second offense, the license shall be suspended for a period of 45 days. The offender's license will not be restored following the mandatory suspension, unless, the person holds an ignition interlock restricted license for one year. Upon a third offense, the license will be suspended for a mandatory two years.
Following the 2 years, offenders will not be eligible to drive unless they hold an ignition interlock restricted license for 3 years following the release of incarceration. The court may impose an ignition interlock restriction for up to four years for a violation resulting in the serious bodily harm or death of another.
When a license is suspended or revoked ignition interlock is required to be maintained on all motor vehicles operated by the person for a period of not less than 6 months immediately following the date of reinstatement. A court may require that any person who is found guilty of or pleads guilty to a first intoxication-related traffic offense, and a court shall require that any person who is found guilty of or pleads guilty to a second or subsequent intoxication-related traffic offense, shall not operate any motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a period of not less than 6 months from the date of reinstatement of the person's driver's license.
For a first offense, a court may restrict an offender to only operate motor vehicles that are equipped with ignition interlock devices. For either a second or subsequent offense, a defendant who is issued a probationary license is restricted to operating motor vehicles that are equipped with ignition interlock devices. For fourth or subsequent offenses, if an offender is permitted to operate motor vehicles as a condition of probation, such vehicles must be equipped with ignition interlock devices.
Licensing action is stayed while participating in the ignition interlock program. The duration of this restriction is equal to the period of license suspension or revocation.
At the expiration of 30 days 60 days if test refused after an order of administrative license revocation for 90 days is entered, any person who submitted to a chemical test which disclosed the presence of a concentration of alcohol in violation of the statutory limit is eligible for an order to allow application for an ignition interlock permit to operate a motor vehicle equipped with an ignition interlock device upon presentation of sufficient evidence to the Department of Motor Vehicles that such a device is installed.
As an alternative to vehicle disablement, the court shall order the convicted person, in order to operate a motor vehicle, to obtain an ignition interlock permit and install an ignition interlock device on each of the motor vehicles owned or operated by the convicted person if he or she was sentenced to an operator's license revocation of at least 1 year and has completed at least 1 year of such revocation.
Those without prior records may operate their ignition interlock equipped vehicle only to work, school, a substance abuse treatment center, a parole meeting, to a healthcare facility, or to community service. Tampering or attempting to circumvent the interlock shall, in addition to any possible criminal charges, have his or her revocation period and ignition interlock permit extended for 6 months beyond the end of the original revocation period.
The court shall require a defendant to install an ignition interlock as a condition for restricted driving privileges as follows: First offense — minimum of 6 months mandatory with a BAC less than 0. The court may require a defendant to install an ignition interlock as a condition for the reinstatement of driving privileges.
The period of use is determined by the court. Interlock device required on any vehicle registered to a person who drives after a suspension or revocation resulting from a DWI offense. A first-time offender must install an ignition interlock device. Installation is mandatory for 6 months after the required period of license suspension has been served. After a license suspension period has been completed, a person may be required to install an ignition interlock device on all of the motor vehicles he owns or operates.
The device must be installed for the following periods: first offense—6 months to 1 year 6 months required usage if ignition interlock use ordered ; second or subsequent offense—mandatory ignition usage for 1 mandatory to 3 years. Persons who have been convicted of a misdemeanor drunk-driving offense shall be required, as a condition of probation, to operate only motor vehicles that are equipped with ignition interlock devices, as follows:.
Ignition interlock is required for all offenses during the period of license revocation or a minimum of 6 months and thereafter by court order. Persons eligible for restricted driving privileges may be required to operate motor vehicles equipped with an ignition interlock device. This requirement is mandatory if the BAC was greater than 0. After license restoration, required ignition interlock usage is as follows: 1 year if license revocation was for 1 year; 3 years if license revocation was for 4 years; and 7 years if the license was permanently revoked but can be restored.
For first and second offenses, the court may order a person to use ignition interlock devices when using an occupational license; for third and subsequent offenses, the court must require a person to use these devices when using an occupational license. Any person who commits a violation of this section after having been convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section of this title or paragraph 4 of subsection A of Section However, if the treatment in subsection G of this section does not include residential or inpatient treatment for a period of not less than ten 10 days, the person shall serve a term of imprisonment of at least ten 10 days.
Any person who commits a violation of this section after having been twice convicted of a felony offense pursuant to the provisions of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided for in this section, Section of this title or paragraph 4 of subsection A of Section However, if the person does not undergo residential or inpatient treatment pursuant to subsection G of this section the person shall serve a term of imprisonment of at least ten 10 days.
Persons convicted of DWI offenses shall have an ignition interlock device installed in their vehicles prior to being issued a hardship license. First offenders must operate motor vehicles equipped with ignition interlock devices for 1 year after the end of the license suspension or revocation period; second or subsequent offenders must operate with an interlock device for 2 years after the ending date of the suspension or revocation caused by the conviction.
When a person is convicted of a crime or multiple crimes, the department shall require that the person install and use an approved ignition interlock device in any vehicle operated by the person for 5 years after the ending date of the longest running suspension or revocation caused by any of the convictions crimes include driving under the influence and: Any degree of murder; manslaughter in the first or second degree; criminally negligent homicide; assault in the first degree; aggravated vehicular homicide.
All vehicles owned by offenders may for a first offense and must for a subsequent one be equipped with ignition interlock devices for at least 1 year following license reinstatement.
The Department of Motor Vehicles must require the person, if a subsequent offender, to install an ignition interlock device. The DMV may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device. The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is 2 years for a second offense, 3 years for a third offense, and the remainder of the offender's life for a fourth or subsequent offense.
Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that an interlock device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle's records for offenses. DUI offenders who cause great bodily harm to another must obtain an ignition interlock restricted license for three years; five years for causing death.
DUI offenders convicted of child endangerment must install an ignition interlock device for three months. The Attorney General, may promulgate rules for the administration of and provide for procedures and apparatus for testing including electronic monitoring devices and ignition interlock devices. The order is a condition of probation if at the time of the offense, the defendant:.
An ignition interlock device must be in operation during the entire time period a restricted license is effectuated and must continue to be in operation six months after the license revocation period has expired. The license suspension periods are the following:. If a person convicted of a DUI has a prior DUI conviction within the past five years, then, after the revocation period, the person may only operate only a motor vehicle that is equipped with a functioning interlock device for one year and such requirement is a condition of the person's probation.
For a second DUI violation within ten years, the installation of an ignition interlock device is mandatory. For a first or subsequent offense: The court must order the offender to install ignition interlock devices on all of the motor vehicles he owns for the period of license suspension.
The offender can choose a hard suspension with no interlock. When applying for an occupational license, the court may require a first offender and must require subsequent offenders within 10 years to only operate vehicles that are equipped with ignition interlock devices.
Unless the interests of justice indicate otherwise, a magistrate shall require an offender Intoxicated Assault, Intoxicated Manslaughter or a subsequent DWI offense , after release from confinement, to only operate vehicles that are equipped with ignition interlock devices.
0コメント