TITLE 31
Motor and Other vehicles

CHAPTER 31-27
Motor Vehicle Offenses

SECTION 31-27-2.8


§ 31-27-2.8 Ignition interlock system imposed as part of sentence – Requirements.

(a) Any person convicted under the provisions of §§ 31-27-2(d)(1), 31-27-2(d)(2), 31-27-2(d)(3)(i) or 31-27-2(d)(3)(ii), or whose violation is sustained under the provisions of § 31-27-2.1(b)(1), may be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is not equipped with an ignition interlock system.

(b) Notwithstanding any other provisions contained in this chapter, after a finding of eligibility, any mandatory period of license suspension shall, upon request, be reduced by the imposition of an ignition interlock system ordered by the court or traffic tribunal as follows:

(1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day (30) license suspension and an imposition of an ignition interlock system for three (3) months to one year.

(2) For a violation of § 31-27-2.1(b)(1), a person shall be subject to a minimum thirty-day (30) license suspension and an imposition of an ignition interlock system for a period of six (6) months to two (2) years.

(3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-day (45) license suspension and an imposition of an ignition interlock system for a period of six (6) months to two (2) years.

(4) For a violation of § 31-27-2.1(b)(2), a person shall be subject to a minimum sixty-day (60) license suspension and an imposition of an ignition interlock system for a period of one to four (4) years.

(5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day (60) license suspension and imposition of an ignition interlock system for a period of one to four (4) years.

(6) For a violation of § 31-27-2.1(b)(3), a person shall be subject to a minimum ninety-day (90) license suspension and imposition of an ignition interlock system for a period of two (2) to ten (10) years.

(7) In any case where a person is convicted of a first offense under the provisions of § 31-27-2(d)(1) or under § 31-27-2.1(b)(1), the sentencing judge or magistrate shall, upon request, grant the person a conditional hardship license immediately upon a plea or admission of guilt, or an initial suspension under § 31-27-2.1(b), and after a finding of need under this section; provided, however, that in a case where a conditional hardship license shall be granted by the sentencing judge or magistrate upon an initial suspension under § 31-27-2.1(b) and prior to the installation of an ignition interlock device, said hardship license shall be issued to the motorist upon proof of installation of an ignition interlock device. However, in any case where a motorist has a prior alcohol-related offense or a prior reckless driving conviction under § 31-27-4 or reckless eluding conviction under § 31-27-4.1, within the prior ten (10) years of the offense, or when the instant offense involves a motor vehicle accident, the judge or magistrate may exercise their discretion in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to any imposition of the hardship license. If the instant matter involves a blood alcohol level of fifteen hundredths (.15) BAC or above, the judge or magistrate may exercise his or her discretion in the granting of the hardship license by imposing up to a six (6) month loss of license prior to any imposition of the hardship license. Said hardship license shall be valid only for twelve (12) hours per day to get to and from employment, necessary medical appointments, job training, schooling, or any other valid reason approved in advance by the sentencing judge or magistrate. A hardship license shall only be granted in conjunction with the installation of an ignition interlock device. Any conditional driving privileges must be set by the sentencing judge or magistrate after a hearing in which the motorist must provide proof of employment status and hours of employment, or any other legitimate reasons justifying a hardship license. These shall include, but not be limited to, any unemployment training, schooling, medical appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once said hardship period has concluded, the motorist must still be subject to the conditions of the ignition interlock system as set forth under this section for the period of time as directed by the court. Any individual who violates the requirements of this subsection shall be subject to the penalties enumerated in § 31-11-18.1.

(c) Any person convicted of an offense of driving under the influence of liquor or drugs resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition interlock system for one to five (5) years.

(d) Any person who operates a motor vehicle with a suspended license during the period of suspension, and the reason for the suspension was due to a conviction of driving under the influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical test, shall be subject to the further use of the ignition interlock system for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.

(e) When the court orders the use of an ignition interlock system, the judge or magistrate shall cause an appropriate notation to be made on the person's record that clearly sets forth the requirement for, and the period of the use of, the ignition interlock system.

(f) In addition to the requirements of subsection (e), the court or traffic tribunal shall:

(1) Require proof of the installation of the ignition interlock system and periodic reporting by the person for the purpose of verification of the proper operation of the ignition interlock system;

(2) Require the person to have the ignition interlock system monitored for the proper use and accuracy by a person, firm, corporation, or other association to be approved by the division of motor vehicles at least once every six (6) months, or more frequently as the circumstances may require; and

(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and maintenance of the ignition interlock system.

(4) The requirements under subsection (f) shall be the responsibility of the probation department or justice assistance, if the individual is under their control, or the division of motor vehicles if the individual is not monitored as a condition of the individual's plea or finding of guilt.

(g) If a person is required, in the course of the person's employment, to operate a motor vehicle owned or provided by the person's employer, the person may operate that motor vehicle in the course of the person's employment without installation of an ignition interlock system if the court makes specific findings expressly permitting the person to operate, in the course of the person's employment, a motor vehicle that is not equipped with an ignition interlock system.

(h) Any person subject to an ignition interlock order who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both. For the purposes of this subsection, a violation of the interlock order, includes, but is not limited to:

(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section;

(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or

(3) Soliciting or attempting to have another person start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.

(i) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.

History of Section.
(P.L. 1990, ch. 405, § 2; P.L. 2014, ch. 230, § 2; P.L. 2014, ch. 326, § 2; P.L. 2016, ch. 127, § 1; P.L. 2016, ch. 141, § 1.)