ALABAMA
No legislation is in place. Currently legislation discretion rests within the Court.
.08 Law in place
ALASKA
The court may require a person convicted of a DWI to only operate vehicles equipped with IIDs. Doing so does not interfere with the mandatory license revocation requirements imposed on a DWI offender or persons subject to licensing action. It is a misdemeanor to tamper with or circumvent the use of an IID.
Alaska statutes 11.76.140, 12.55.102(a),
and 28.15.201(a) & (d)
ARIZONA
The court must order persons convicted of the following offenses to equip vehicles they operate with ignition interlock devices for at least one year:
• (1) A 2nd or subsequent drunk driving offense;
• (2) A drunk driving offense where the offender is driving on either a suspended or revoked license for a prior DUI offense or a prior administrative per se violation
• (3) A first or second 0.18 offense
The MVD is responsible for requiring a person to install an IID.
Arizona statutes 28.1381(K)(5), 28.1382(D)(5)
& (F)(5) and 28.1383(J)(3).
ARKANSAS
In addition to any other sanction for a DWI offense, the court may require offenders to operate motor vehicles equipped with IIDs for up to one year. However, if restricted licenses have been issued, the required use of an IID must be at least the remaining period of the original suspension period.
A person subject to licensing action for a refusal to submit to a chemical test under the implied consent law for a violation of the administrative per se law may be allowed the option of reducing the period of license suspension or revocation. However, this only applies if the person agrees to operate only motor vehicles that are equipped with IIDs. The following restrictions apply:
• (1) First refusal – 90–day suspension; IID required for 90 days
• (2) First administrative per se violation where a BrAC level is 0.18 – 30–day suspension; IID required for 150 days
• (3) Second administrative per se violation – One–year suspension; IID required for four months.
• (4) Third administrative per se violation – One–year suspension; IID required for 18 months.
Arkansas Code 5-65-104, 5-65-205, 5-65-118,
5-65-120 & 5-65-402
CALIFORNIA
The Court may order a first offender to only operate vehicles equipped with IIDs for no more than three years.
The Court must order second or subsequent offenders who are granted restricted driving privileges to only operate vehicles equipped with IIDs, and one-year hard suspension with the ability to apply for restricted privileges.
California Vehicle Code 23575(a)(1), 13352(a)
& 23575(f)(1)
.08 Law in place
COLORADO
An impaired, under the influence, or illegal per se offender—or a habitual offender related to one of these alcohol offenses where there has been a previous alcohol driving offense conviction within a five-year period—must have an IID installed in the vehicle he or she operates, and is required to hold a restricted license for at least one year prior to full license reinstatement.
Colorado Revised Statutes 42-2-125(2.3) & (2.4), 42-2-132.5
and 42-4-1301(9)(g)(III)
CONNETICUT
No legislation is in place; considering legislation
DELAWARE
In addition to or in lieu of any penalty for a DWI offense conviction, the court may order the defendant only operate motor vehicles that are equipped with IIDs. This requirement must remain in effect for at least one year. The following offenders are eligible:
• First offender
• Second or subsequent offender within five years
• If revocation is for 12 months, an offender is eligible after one month.
• If revocation is for 12 months with refusal, an offender is eligible after two months
• If revocation is for 18 months, an offender is eligible after six months
• If revocation is for 24 months, an offender is eligible after 12 months
Delaware Code Annotated Title 21, 4177(e) & 4177F
DISTRICT of COLUMBIA
No program in place. Considering legislation.
FLORIDA
A defendant, who is placed on probation and who
is otherwise permitted to operate a motor vehicle, may be required to
operate vehicles equipped with ignition interlock devices for not less
than six (6) months. In addition, the licensing agency may require any
person seeking reinstatement of their driving privileges to use and ignition
interlock device on their vehicle.
Florida Statutes Annotated 316.1937 &
322.271(2)(d)
.08 Law in place
GEORGIA
Administrative Licensing Actions – For a second action, a person's license is suspended for three years. If the person has been placed on probation for a drunk driving offense, his or her license may be reinstated after a 120-day suspension period followed by six months' use of an IID with restricted driving privileges.
For a third or subsequent action, a person's license is suspended for five years. After two years, that person may be issued a "probationary" driver's license. If that person is placed on probation for a drunk driving offense, the first six months of probationary driving privileges must be conditioned on the operation of motor vehicles equipped with an IID.
Code of Georgia Annotated (Code of 1981)
40-5-62, 40-5-63, 42-8-111 & 42-8-112
HAWAII
Repealed Statue.
.08 Law in place
IDAHO
For any drunk driving offense, a defendant is required to only operate a motor vehicle equipped with an IID after licensing action. The court shall require use of the IID no longer than the defendant's probation period.
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)
.08 Law in place
ILLINOIS
Offenders applying for a Restricted Driving Permit must install an IID if they have two DUIs, one of which was 0.16 BrAC or above. Illinois also has a Judicial Driving Permit—which is court-ordered and administrated—and requires the IID to be installed for one year.
West's Smith-Hurd Illinois Compiled States Annotated 625 ILCS 5/6-205(h) & 5/11-501(i)
.08 Law in place
INDIANA
As a condition of obtaining probationary driving privileges (for a first DWI offense conviction), the court may require a defendant to only operate vehicles equipped with IIDs.
Burn's Indiana Statues Annotated 9-30-5-16
IOWA
A DWI offender may be required to install IIDs on the vehicles they own.
A second or subsequent offender, after the mandatory license revocation period, may be granted restricted driving privileges, provided they install IIDs on all of the vehicles they own for one year. IIDs must be installed prior to reinstating driving privileges.
Iowa Code Annotated 321J.17 & 321J
KANSAS
For a first DWI conviction, a driver's license is suspended for a mandatory period of either 30 days or until the person completes an alcohol education/treatment program. After this mandatory period, the license is restricted for an additional 330 days.
For the first 60 days of the restriction, the driver may only use a vehicle for traveling to and from a place of employment/alcohol education or treatment program or for exceptional circumstances. The court may order that the person only use vehicles equipped with an IID during this 60-day period.
For the remaining 270 days, a person may be restricted to operating a vehicle for the above purposes, the course of employment, medical reasons, purposes of complying with probation requirements, or as otherwise directed by the court.
In lieu of or in addition to any of these restrictions, the court may order that during the 270 days, a person not operate a motor vehicle unless it is equipped with an IID.
Kansas Statutes Annotated 8-292 & 8-1015
It is a Class C Misdemeanor to tamper with
or try and circumvent the use of an ignition interlock device.
Kansas Statutes Annotated 8-1017
.08 Law in place
KENTUCKY
When an offender's license is reinstated, the court may require him or her to only operate motor vehicles (with the exception of an employer's vehicles) that are equipped with IIDs. This requirement lasts for the following periods after license revocation:
• First offense – six months
• Second offense –12 months
• Third or subsequent offense – 30 months
In addition, second or subsequent offenders must wait at least one year from the start of their licensee revocation period before they can apply to the court for permission to use an IID.
Kentucky Revises Statutes 189A. (27 House
Bill 366 enacted in 2000)
.08 Law in place
LOUISIANA
With Probation.
For a first offense the court may—and for a second or third offense the court must—require an offender who has been placed on probation to only operate motor vehicles (except employer's vehicles) that are equipped with IIDs.
Without Probation.For second or subsequent offenses, an offender shall be required to operate motor vehicles (except employer's vehicles) that are equipped with IIDs for at least six months.
West's Louisiana Statutes Annotates 14.98(K),
15:306 and 32.378.2
MAINE
The mandatory suspension period may be reduced if offenders install an IID on vehicles they operate.
Maine Revised Statutes Annotated Title
29-A, 2401(5-A) & 2507
.08 Law in place
MARYLAND
As a condition of probation, the court may prohibit the offender from operating a motor vehicle unless it is equipped with an IID.
Annotated Code of Maryland Art. 27, 641(a)(1)(ii)(2)
The court may order the use of an IID in addition to or in lieu of other sanctions for a DWI offense as part of probation.
It is a misdemeanor to try to circumvent the use if an IID.
Annotated Code of Maryland Tran. 27-107
MASSACHUSETTS
Considered legislation in the past; no current legislation.
MICHIGAN
The court may order that offenders with restricted licenses not operate a vehicle unless it is equipped with an IID.
257.625 & 257.625b
Michigan Complied Laws Annotated 257.6251
MINNESOTA
DUI offenders who have been denied driving privileges because they are a threat to public safety under Minnesota Statutes Annotated 171.04, subd. 1(10), may apply for limited driving privileges if:
• At least half of the person's required alcohol abstinence period has been completed
• They have completed a treatment program
• They are currently participating in a group support abstinence program
• They operate motor vehicles that are equipped with IIDs
Minnesota Statutes Annotated 171.305
MISSISSIPPI
For a first or subsequent offense, the court may order the use of an IID for six months on all vehicles owned by the offender following license reinstatement.
In addition, where a non-offender must use a vehicle that is subject to impoundment or immobilization, the court may order the use of an IID in lieu of such impoundment or immobilization.
Mississippi Code Annotated 63-11-30(11)
& 1 of House Bill 878 enacted in 2000
MISSOURI
In addition to any sanctions for an intoxicated or illegal per se drunk driving offense, the court as a condition of probation, may impose the following for each stated offender:
• First-time offender – The court may require the offender to only operate motor vehicles that are equipped with IIDs.
• Second-time offender – The court must require the offender to only operate motor vehicles that are equipped with IIDs.
Such requirements may also be imposed as a condition for granting limited (hardship) driving privileges under 302.209.
In the case of second offenders, the court is not required to mandate the use of these devices as a condition for obtaining limited (hardship) driving privileges if the device cannot be installed within 50 miles of the county seat of the defendant's residence. A court cannot order the use of an ignition interlock device if the cost of installing, calibrating, or servicing the device would impose an "undue hardship" on the defendant.
Vernon's Annotated Missouri Statutes 577.600
& 577.602(1)
MONTANA
The court may restrict an offender to only operate motor vehicles that are equipped with IIDs, provided one of the following conditions is satisfied:
• The defendant has a prior drunk driving offense conviction.
• The defendant had a blood alcohol concentration equal to or greater than 0.18.
Licensing action against a person for a drunk driving offense is stayed while he or she is participating in the IID program. The duration of this restriction is equal to the period of license suspension or revocation.
Montana Code Annotated 61-5-208(3) and
61-8-442
NEBRASKA
A DWI or implied consent law offender who has been placed on probation may be ordered only to operate motor vehicles that have been equipped with IIDs.
Revised Statutes of Nebraska 60-6,211.05
The court may order a person convicted of either a second or subsequent drunk driving/implied consent refusal offense (within 12 years), to have his or her vehicles equipped with IIDs as an alternative to vehicle immobilization. This requirement must last for at least six months, starting at the end of any license revocation period. One year of the license revocation period must be completed before any IIDs can be installed.
Revised Statutes if Nebraska 60-6,197.01(2)
NEVADA
The court may require a defendant to install an IID on his or her vehicle, either as a condition to suspend a sentence or reinstate a license. A defendant, however, must still serve any minimum mandatory imprisonment sentence.
Nevada Revised Statutes 484.3941
NEW HAMPSHIRE
Offenders convicted of aggravated DWI or a subsequent DWI offense may be required to install an IID on the vehicles they own or regularly use for six months to two years following license reinstatement. Any DWI offender under 21 may be required to use IIDs for 12 months or until they reach 21, whichever is the longer time period.
New Hampshire Revised Statutes Annotate
265:82-e, I & III
.08 Law in place
NEW JERSEY
After license suspension is complete, DUI offenders must install IIDs in all of the motor vehicles they own, lease, or regularly operate. The device remains installed for the following periods:
• First offense – Six months to one year
• Second or subsequent offenses – One to three years
The minimum periods given are mandatory.
New Jersey Statutes Annotated 39:4-50(a)
& 39:4-50.17
NEW MEXICO
As a condition of probation, DWI offenders may be required to only operate motor vehicles that have been equipped with IIDs.
New Mexico Statutes Annotated $66-8-102(I)
.08 Law in place
NEW YORK
A person convicted of an offense under McKinney's Consolidated Laws of New York Vehicle and Traffic (V & T) Law 1192(2) and (3)(Driving with a BAC (blood alcohol level) in excess of 0.10 or while intoxicated), and who has been sentenced to probation, may be required by the court to install an IID in his or her vehicle.
An offender subject to an IID requirement may only operate leased or borrowed vehicles that are equipped with this device. It is a misdemeanor to either circumvent or tamper with an IID.
McKinney's Consolidates Laws of New York
V & T Law 1198 and Penal Law 65.10(2)(2-1)
NORTH CAROLINA
Offenders eligible for restricted driving privileges may be required only to operate motor vehicles that are equipped with IIDs. This requirement does not apply to vehicles that are used by the person during employment and/or owned by the employer.
General Statutes of North Carolina 20-179.3(g3)
.08 Law in place
NORTH DAKOTA
The court may order offenders convicted of a DWI offense to install IIDs on their vehicles.
North Dakota Century Code Annotated &&39-06.1-11
& 39-08-01.3
OHIO
The court may order offenders convicted of DWI offenses to only drive vehicles equipped with IIDs. The law states that this sanction in is addition to all other penalties provided under law for a DWI offense. It is misdemeanor to tamper with or otherwise circumvent the use of or operation of an IID.
Ohio Revised Code Annotates 2951.02(I)(1),
4511.83(E) & 4511.99(L)
OKLAHOMA
The court may order offenders to install IIDs on every vehicle they use following reinstatement of their driving privileges. This requirement shall remain if effect for a period that the court deems proper.
As a condition of license modification for either an administration per se violation or a DWI conviction, the licensing agency must require offenders to install IIDs on the vehicles they operate.
After a mandatory period of license revocation, second or subsequent DWI offenders must install IIDs on all of the vehicles they own or regularly operate. The court must order a person to operate vehicles with this device for at least six months, and no longer than three years.
If a court modifies a license action that has been sustained by the licensing agency for any drunk driving offense, it may require a offenders to install IIDs on the vehicles they operate.
Following inpatient substance abuse treatment, an offender may be assigned to a halfway house, structured community placement, or home placement. If such an assignment is made, the offender must be subject to either electric home monitoring or an IID.
Oklahoma Statutes Annotated Title 22, 991a(A)(6)
Oklahoma States Annotated Titles 47, 754.1(B)
Oklahoma Statutes Annotates Title 47, 11-902(C) & (J)
Oklahoma Statutes Annotated Title 47, 755.
Oklahoma Statutes Annotates Title 57, 612(A)(2)
OREGON
DWI offenders must have an IID installed in their vehicles prior to being issued a hardship license. Offenders must operate motor vehicles equipped with IIDs for six months after the end of the license suspension period.
The court may require the use of an ignition IID as part of a diversion agreement.
Note: There is an employment exception to this requirement.
Oregon Revised Statutes 813.602(1)(a),
(1)(b) & (2) and 813.606
.08 Law in place
PENNSYLVANIA
First-time DWI offenders may be required to equip their vehicles with IIDs. Subsequent offenders must install IIDs, which are required for at least one year following license reinstatement.
Pennsylvania Statutes Annotated 42 7002
& 7003
RHODE ISLAND
Second-time DUI offenders may be required to operate motor vehicles equipped with IIDs for one to two years. Third-time or subsequent offenders may be required to use these devices for two years. These requirements begin following the completion of any incarceration period.
General Laws of Rhode Island 31-27-2(d)(2)
& (3) and 31-27-2.8
.08 Law in place (Not recognized by NHTSA)
SOUTH CAROLINA
First-time or subsequent drunk driving offenders may be required to install IIDs on the vehicles they were operating (either titled in their name or a family member's name).The duration of IID use is discretionary with the court.
Code of Laws of South Carolina Annotates
56-5-2941
SOUTH DAKOTA
No current legislation.
TENNESSEE
In addition to any other penalties, a person convicted of a DWI offense may be required to operate only vehicles equipped with IIDs. The use of an IID may be required for up to one year after a defendant's license revocation period ends.
Tennessee Code Annotated 55-10-412(d)
TEXAS
For a first-time DWI offense conviction—in situations where a defendant has been placed on community supervision—the court may require the offender to install an IID on his or her vehicle. For second-time and subsequent DWI offense convictions—in situations where a defendant has been placed on community supervision—the court must require that the offender install an IID on his or her vehicle.
Code of Criminal Procedure Art. 42.12 13(i)
When applying for an occupational license, the court may require first-time and subsequent offenders to only operate vehicles equipped with IIDs.
Tran. Code 521.246
Note: Offenders may obtain exemptions from using IIDs if they are required to operate a motor vehicle as part of their employment, and if the vehicle to be used is owned by their employer. However, such exemption does not apply when the offender is self-employed and owns the vehicle.
Code of Criminal Procedure Art. 42.12, 13(i), Tran. Code 521.246 & Civil Statutes Art. 6687b, 23A(f)
Unless the interests of justice indicate otherwise, a magistrate shall require an offender, after their release from confinement, to only operate vehicles that are equipped with IIDs.
Code of Criminal Procedure Art. 17.441
.08 Law in place
UTAH
As a condition of probation, offenders may be required to only operate motor vehicles that are equipped with IIDs.
Note: The court must give reasons on the record if this sanction is not imposed/ordered and the offender had a BAC equal to or greater than 0.16.
Utah Code Annotated 41-6-44
This requirement is mandatory if the offender is under 21 years old.
Utah Code annotated 41-6-44.7(2)(a) &
(b)
Utah Code Annotated 41-6-44.7(2)(c)
.08 Law in place
VERMONT
No current legislation.
.08 Law in place
VIRGINIA
Drunk driving offenders who have been granted either restricted driving privileges or full driving on condition may only operate motor vehicles registered in their name that are equipped with IIDs. This restriction may be required for first-time offenders, and must be required for second-time offenders. Duration must last for at least six months.
Second-time or subsequent offenders (within five years) who are required to participate in either the Virginia Alcohol Safety Action Program or a treatment program (via an assessment that indicates that they have a substance abuse problem), can obtain restricted driving privileges only if they operate motor vehicles that are equipped with IIDs. This requirement shall not exceed the length of such program or the duration of the license suspension or revocation period, whichever is shorter. One-year hard suspension.
Virginia Code Annotated 18.2-270.1, 18.2-270.2,
46.2-360 & 46.2-391
Virginia Code Annotated 18.2-271.3(A)
.08 Law in place
WASHINGTON
After the license suspension or revocation period, an offender is restricted to driving vehicles that are equipped with IIDs. The following criteria applies:
• If a first-time offender's alcohol concentration was less than .15, the restriction period is established by the court.
• If a first-time offender's alcohol concentration was .15, the restriction period is at least one year.
• If the offender has had a subsequent drunk driving offense within seven years, the restriction period is at least one year.
• If the offender has had one previous restriction, the restriction period is at least five years.
• If the offender has had two previous restrictions, the restriction period is at least 10 years.
Revised Code of Washington Annotates 46.20.710
et seq.
.08 Law in place
WEST VIRGINIA
The driver's licensing agency may reduce the mandatory and regular license revocation periods of certain implied consent, administrative per se, and DWI law offenders, if they agree to operate motor vehicles equipped with IIDs. The following restrictions apply:
• First offense – Minimum revocation of 30 days; IID for five months
• First offense with refusal – Minimum revocation of 30 days; IID for nine months
• Second offense – Minimum revocation of nine months; IID for 18 months.
• Third offense – Minimum revocation of 18 months; IID for 24 months
• More than three offenses – Minimum revocation of 18 months plus an additional six months for each offense greater than three; IID for 24 months with an additional 12 months for each offense greater than three.
West Virginia Code 17C-5A-3a
WISCONSIN
IIDs are permitted on the first offense. Offenders with three or more DWIs are prohibited from operating a vehicle with BrAC over 0.02. Creates tiered high BrAC system. One-year hard suspension.
Unless undue hardship would result, a person with a second DWI offense within five years, who has been granted restricted driving privileges, may be required to operate vehicles equipped with IIDs.
Wisconsin Statutes Annotated 343.39(3),
343.301, 343.305(10m) & 346.65(6)
WYOMING
No current legislation. |
