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LEGISLATION

The following jurisdictions have legislation in support of interlock programs. A few jurisdictions have legislation but as of yet do not have an interlock program in operation. The specific details of interlock legislation vary greatly among jurisdictions and penalties differ significantly. In many jurisdictions the legislation has undergone revisions one or more times. Generally speaking, the most common components of interlock legislation include the following:

  • the offender is not required to own the vehicle in which the interlock is installed
  • it is an offence to drive a vehicle without an interlock device
  • it is an offence to loan or rent a non-equipped vehicle to a restricted interlock driver
  • it is an offence to request a breath sample from a third-party to start an interlock-equipped vehicle
  • it is an offence to provide a breath sample to start an interlock vehicle that is being driven by a restricted driver.

Below is a list of the known legislation applicable in each jurisdiction.

JURISDICTIONS


Jurisdiction

Statutory Reference

Notes

Australia

New South Wales Road Transport (General) Act 2005 No 11  
Queensland Penalties and sentences Act, 1992. Sections 90-99
  • There is no specific legislation applying to program
South Australia Road Traffic Act Ammendments Division 5A  
Victoria Road Safety (Alcohol Interlocks)  
Act 2002 No.1/2002  Assent date 26.3.02
 

Canada

Federal Criminal Code R.S (2004)
s. 259 (1.1)
  • Court may authorize offender to operate a motor vehicle equipped with an interlock device during the prohibition period.
Alberta Traffic Safety Act section 31 (a) (b)  
British Columbia    
Manitoba Manitoba Highway Traffic Act, Section 279  
Newfoundland/
Labrador
   
Nova Scotia Motor Vehicle Act & Alcohol Ignition Interlock Program Regulations; http://www.gov.ns.ca/legislature/legc/  
Ontario H.T.A 41.2
(1-13)
  • Penalties/suspension on conviction, prohibition, ignition interlock devices on reinstatement after suspension.
Quebec

R.S.Q Chapter 24.2 s. 64, 73, 76

 
Saskatchewan

V.A.A (2002)
s. 74 (1.1)

 
Yukon

Revised Statutes (2002)
M.V.A Ch. 153
Part 17, s.263 (1e);
s. 264

 
Europe
France    
Netherlands    
Sweden    

United States

Ignition Interlock Requirements for Convicted Drunk Drivers

Our thanks to the National Conference of State Legislatures (www.ncsl.org) and to the National Traffic Law Center of the American Prosecutors Research Institute (www.ndaa.org) for their assistance in completing this section.

Alabama  
  • No statutory provisions
Alaska §§11.76.140; 12.55.102(a); 28.15.201(a) & (d); 28.35.030 & 032 
  • As a condition of probation, court may order defendant to only operate vehicle with device.
Arizona

§§28.1381(K)(5), 28.1382 (D)(5) & (F)(5) and 28.1383 (J)(3) 

  • 2nd and 3rd offenses require operation of vehicle with device for at least 1 year.
  • Signed by the Governor May 20th, 2005; establishes special ignition interlock driver licenses.
Arkansas

Code: 5-65-104, 5-65-205, 5-65-118, 5-65-120 & 5-65-402 

  • Sanction may continue for up to 1 year after person's license is no longer suspended or revoked. However, if restricted licenses have been issued (for either a refusal or an admin. Per se violation), the required use of an ignition interlock device "shall be at least the remaining time period of the original suspension" period.
  • Ignition interlock restricted licence
  • Refusal to submit
California Veh. Code §§23575(a)(1), 13352(a) & 23575(f)(1) 
  • The court may require that a person convicted of a first degree offense install a certified ignition interlock device. The court shall give heightened consideration to first offenders with a BAC of .20+ and those who refused the chemical tests at arrest. If a 2nd or multiple offender, following a minimum 1-year hard suspension period, the state allows conditional early reinstatement of the offender’s driving privileges, restricted to operation of vehicles equipped with an interlock device only.
Colorado

Revised Statutes: §§42-2-125(2.3) & (2.4), 42-2-132.5 and 42-4-1301(9)(g)(III) 

  • Can only operate motor vehicles that are equipped with an ignition interlock device and may obtain a restricted license with proof of device.
Connecticut

Conn. Gen. Stat. §§14-227a; 04-199 s. 31

  • Revised new subsection (i) relating to ignition interlocks Ignition interlock devices may permit persons convicted for a 2d violation of 14-227a to drive after a year’s suspension with the court’s approval.
  • The Commissioner is to establish regulations concerning ignition interlock devices. No regulations have been promulgated yet.
Delaware

Delaware Code Annotated Title 21, §§4177(e) & 4177F 

  • A person, which has been convicted of a drunk driving offence while driving in violation of an order requiring them only to operate motor vehicles that are equipped with devices, is subject to additional imprisonment term of 60 days and an additional fine of $2000.
Florida

Florida Statutes Annotated: §§316.1937 & 322.271(2)(d) 

  • A DWI defendant, who is placed on probation and who is otherwise "permitted" to operate a motor vehicle, may be required to operate vehicles equipped with devices for not less than 6 months. The licensing agency may also require any person seeking reinstatement of their driving privileges to use ignition interlock on their vehicle.
  • Approved by the Governor June 3, 2005; would require placement of ignition interlock devices on vehicles operated by any person convicted of committing certain DUI offenses; specifies duration of each installation period based upon number of DUI convictions; requires installation of ignition interlock if the court fails to order mandatory placement of the device or fails to order placement for the applicable period.
Georgia

Code of Georgia Annotated (Code of 1981): 40-5-62, 40-5-63, 42-8-111 & 42-8-112 

  • Offenders on probation must operate motor vehicles with an installed ignition interlock device. Time that device required depends on the number of offenses.
Hawaii    
Idaho

General Laws of Idaho Annotated: §§ 18-8004A(2)(d) & (3)(e), 18-004C(2)(e), 18-8005(4)(f) & (5)(e) and 18-8008(1) & (2) 

  • The defendant may only operate a motor vehicle equipped with device; an imprint/notice shall be attached to the defendant's license stating that driving privileges are granted only for use on motor vehicles equipped with device.
Illinois West's Smith-Hurd Illinois Compiled States Annotated: §625 ILCS 5/6-205(h) & 5/11-501(i)
  • Require device on all vehicles after 2nd or subsequent offense.
Indiana

Burn's Indiana Statues Annotated: §IC 9-30-5-16

HB 1264

  • As a condition of obtaining probationary driving privileges (1st offense), the court may required a defendant to use only vehicles equipped with devices.
  • Signed March 19, 2004; tampering is a Class B misdemeanor under certain circumstances.
Iowa Iowa Code Annotated: 321J.17 & 321J 
  • Restricted driving privileges reinstated as long as offender installs device.
Kansas

Kansas Statutes Annotated: 8-292 & 8-1015. Kansas Statutes Annotated 8-1017.

  • Device installed as part of diversion program, or in lieu of restricted driving privileges.
  • Interlock devices; approval by division; Immunity from civil and criminal liability; rules and regulations
  • Class C Misdemeanor to tamper with or try to circumvent the use of an ignition interlock device
Kentucky

Kentucky Revises Statutes: 189A. (27 House Bill 366 enacted in 2000) 

  • Operating without an interlock
  • Device installed by court order and may be used in lieu of license suspension
  • Penalties
Louisiana R.S. 32: 378.2 
  • Restricted driving privileges without having to serve a mandatory period of license suspension if they agree to operate motor vehicles equipped with device.
Maine PL 2007 Chapter 531 effective 08/31/2008 
  • No statutory provisions
Maryland

Annotated Code of Maryland: Art. 27, 641(a)(1)(ii)(2). Annotated Code of Maryland Tran. 27-107 

  • Device required for probation and for repeat offenders, under Ignition Interlock System Program.
  • Interlock system program
Massachusetts SB 592 (pending) Senator Brian P. Lees
  • An act relative to the operation of motor vehicles equipped with ignition interlock devices and the reduction of automobile insurance premiums. 01/26/05 referred to committee on Financial Services.
Michigan

Michigan Compiled Laws Annotated: 257.625, 257.625b & 257.6251 

  • A person, who has had their license revoked for any drunk driving offense, may, after the mandatory rev 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 device.
Minnesota

Minesota Statutes Annotated: 171.305 

  • If ignition interlock device is installed, treatment is completed, and at least half of sentence is served, then a limited license may be obtained
  • Installation of interlock system
Mississippi

Mississippi Code Annotated 63-11-30(11) & 1 of House Bill 878 enacted in 2000 

  • 2nd and subsequent offenses: Ignition interlock device may be installed as an alternative to impounding vehicle if there are other users. Court may order 6 months of device after license has been reinstated.
  • Cost of device may reduce fine; vehicles affected; proof of compliance, when, report
Missouri

Vernon's Annotated Missouri Statutes: 577.600 & 577.602(1) 

  • Court-ordered only, per statute Section 577.600 - 577.614
  • Discretionary for first offenders; mandatory for second or subsequent alcohol offender who is "found guilty of or pleads guilty to" intoxication-related traffic offenses.
  • State courts order and impose sanctions for non-compliance; violations or attempts to circumvent device are criminal offenses; certifications and guidelines for use of interlock devices by Missouri Department of Public Safety.
Montana

Montana Code Annotated: 61-5-208(3) and 61-8-442 

SB 423

 

  • Discretionary Action: (1st offense) Court can restrict an offender to only operate vehicle with device.
  • Mandatory action: (2nd and subsequent offences) Defendant issued probationary license restricted to only operating vehicle equipped with device.
  • Signed by Governor April 28, 2005; revises interlock laws by requiring certain drivers’ licenses to convey the terms of probation imposed on the license.
Nebraska

Revised Statutes of Nebraska: 60-6,211.05; 60-6,197.01(2) 

  • Condition of probation as an alternative to vehicle immobilization; required for no less than 6 months, starting at the end of license revocation period.
  • Nebraska will have major interlock program changes effective 01-01-09.
Nevada

Nevada Revised Statutes: 484.3941 

  • Defendant required to install device as a condition to suspend a sentence or to reinstate a license.
  • Device to prevent person who has consumed alcohol from starting vehicle; device defined
  • Device to prevent person who has consumed alcohol from starting vehicle
New Hampshire

New Hampshire Revises Statutes Annotated: 265:82-e, I & III 

  • Device may be required for 6 months to 2 years after license is reinstated
  • Interlock program established
  • Circumvention of interlock device
New Jersey

New Jersery Statutes Annotated: 39:4-50(a) & 39:4-50.17 

  • All interlock requirements are the result of the sentencing judge's order and are a condition of restoration of driving privileges after mandatory suspension term has been served.
  • First Offenders: Sentenced to interlock at judge's discretion. Term of interlock limitation -6 months to 1 year.
  • Second Offenders: Mandatory interlock for a period of 1 to 3 years or at the judge's discretion in lieu of interlock a 2 year registration privilege suspension.
  • Third and Subsequent Offenders: Mandatory interlock for a period of 1-3 years or at the Judge's discretion in lieu of interlock registration privlege suspension of 10 years.
New Mexico

§66-8-102(I) et seq.

SB 109

HB 282

  • Required of first time and repeat offenders. Installation of ignition interlock device as a condition of probation; and may be required to only operate vehicles with device installed.
  • Signed April 6, 2005; requires juvenile offenders to obtain an interlock for 1 year after a conviction for a DWI offense relating to drugs and alcohol.
  • Signed April 6, 2005; requires all DWI offenders to have interlocks installed in their vehicles: 
  • a period of one year, 1st offender; a period of 2yrs, 2nd conviction; a period of 3 years, 3rd conviction; remainder of offenders
  • life, for a 4th or subsequent conviction.
New York

McKinney's Consolidates Laws of New York V & T Law: 1198 and Penal Law: 65.10(2)(2-1) 

  • (Expires and repealed Sept.1 2005)– interlock program
  • Conditions of probation and conditional discharge
North Carolina General Statutes of North Carolina: 20-179.3(g3) 
  • Condition of restricted driving privileges. Installation required if BAC was > or = 0.16, or a 2nd or subsequent offense.
North Dakota

North Dakota Century Code Annotated: 39-06.1-11 & 39-08-01.3 

  • Device may be required for 2nd and subsequent offenses
  • Ignition interlock device
Ohio Ohio Revised Code Annotated: 2951.02(I)(1), 4511.83(E) & 4511.99(L) 
  • As condition of probation; A person may be required to use device when operating under an occupational license.
Oklahoma

Oklahoma Statutes Annotated: Title 22, 991a; 47, 6-212.3; 47, 11-902; 47, 11-902a; 47, 11-906.4; 47, 754.1; 47. 755; 57, 612 

  • 2nd and subsequent offenses: after revocation period, the device must be installed for a minimum of thirty days on all vehicles.
Oregon Oregon Revised Statutes: 813.602(1)(a), (1)(b) & (2) and 813.606 
  • Device installed on defendant's vehicle before being issued a hardship license and defendant must operate vehicle with device for at least 6 months after license suspension period complete.
Pennsylvania Pennsylvania Statutes Annotated: 42 7002 & 7003
  • 1st offense: device may be required
  • 2nd and subsequent offenses: device is mandatory
Rhode Island

General Laws of Rhode Island: 31-27-2(d)(2) & (3) and 31-27-2.8 

  • 2nd or 3rd offender may be required to install device for up to 2 years after suspension period complete.
  • Ignition interlock system
South Carolina § 56-5-2941
  • Device may be required. Court's discretion about length of time
Tennessee

Tennessee Code Annotated: 55-10-412(d) 

  • If issued restricted license, device is required for entire time of restricted license plus 6 months after license is restored. Device can be required for up to 1 year after license is restored.
  • Additional penalties; interlock device
Texas

Code of Criminal Procedure: Art. 42.12 13(i) and 17.441; Transportation Code: 521.246; Civil Statutes: Art. 6687b, 23A(f) 

Jurisdiction Statutory Reference Notes:

  • Art. 42.12 -If person placed on community supervision for certain alcohol related offenses, interlock may be required on first conviction, shall be required on second conviction or when shown an alcohol concentration of 0.150 or greater, and that person not to operate motor vehicle without interlock.
  • Art. 17.441 - If person charged with certain subsequent alcohol related offenses, magistrate shall require interlock as condition of release, unless to do so would not be in the best interest of justice.
  • Code 521.246 - If person charged with certain alcohol related offenses and application is made for occupational license, interlock may be required.
Utah

Utah Code Annotated: 41-6a-518, 41-6a-518.1 and 41-6a-518.2

  • 1st offense: as a condition of probation, may be required to only operate motor vehicles that are equipped with device. 2nd offense within 10 years: device is required for 3 years from conviction for all vehicles.
  • Device is mandatory if offender is under 21 years old.
Vermont    
Virginia

Virginia Code Annotated: 18.2-270.1, 18.2-270.2, 18.2-271.3(A), 46.2-360 & 46.2-391  )

  • Installed as a condition of defendant undergoing evaluation via Virginia Alcohol Safety Action Program and may be required to only operate motor vehicles that are equipped with ignition interlock devices.
Washington

Revised Code of Washington Annotated: 46.20.710 et seq. 

HB 2660

  • The court may require that device be installed after license suspension period complete. (As long as defendant did not refuse chemical test.)
  • Signed by Governor March 24, 2004; interlock as a condition of deferred prosecution.
West Virginia West Virginia Code: 17C-5A-3a 
  • Provision only available for people 18 or older. The defendant must complete a safety and treatment program to be eligible to participate in ignition interlock program. Defendant is not eligible for program if they committed a death related drunk driving offense.
Wisconsin

Wisconsin Statutes Annotated: 343.39(3), 343.301, 343.305(10m) & 346.65(6) 

  • In the instance of a 3rd refusal of a chemical test or 3rd offense, the defendant's vehicle may be immobilized, forfeited, or equipped with device.
Wyoming