§ 55-10-412 Additional punishment; ignition interlock devices
§ 55-10-412. Additional punishment; ignition interlock devices
(a) For the purpose of this part:
(1) “Functioning ignition interlock device” means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device; and
(2) “Ignition interlock provider” means an entity that has been approved and certified by the department of safety to provide the installation, monitoring and removal of functioning ignition interlock devices in this state.
(b)(1)(A) In addition to the penalties authorized for violations of § 55-10-401, a court may, in its discretion, upon finding a person guilty of violating § 55-10-401, order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device if such person's license is no longer suspended or revoked or such person is otherwise eligible for a restricted license pursuant to § 55-10-403(d). This restriction may continue for a period of up to one (1) year after the person's license is reinstated.
(B) The provisions of this subdivision (b)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401, shall only apply when the court is not otherwise required to order an ignition interlock device by the provisions of § 55-10-403.
(2)(A) If a person is convicted of a first offense of § 55-10-401, and such person's sentence is not enhanced pursuant to§ 55-10-403(a)(1)(A)(iii), and the person is otherwise eligible for a restricted license pursuant to § 55-10-403(d)(1)(A), such person may request and the court may order that an ignition interlock device be installed on such person's vehicle. A person so requesting shall pay all costs associated with the ignition interlock device and no funds from the interlock assistance fund shall be used to pay any cost associated with the device, regardless of whether or not the person is indigent.
(B) If a court orders a person to operate only a motor vehicle equipped with an ignition interlock device pursuant to subdivision (b)(2)(A), the geographic restrictions set out in § 55-10-454 shall not apply to such person.
(C) Sections 55-10-412, 55-10-420 and 55-10-421 shall apply when a person is ordered to operate only a motor vehicle that is equipped with a functioning ignition interlock device pursuant to this section.
(c) If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device installed on such vehicle pursuant to § 55-10-403(c)(4), § 55-10-403(d)(4)(B), subsection (b) or subsection (m), such restriction shall be a condition of the person's probation or court supervision, provided such person is subject to probation or supervision for the entire period of such restriction.
(d) Upon ordering a functioning ignition interlock device pursuant to § 55-10-403(c)(4), § 55-10-403(d)(4)(B), or subsection (b) or (m), the court shall establish a specific calibration setting of two-hundredths of one percent (.02%) blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started.
(e) Upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-403(c)(4), § 55-10-403(d)(4)(B), or
subsection (b) or (m), the court shall:
(1) State on the record the requirement for and the period of use of the device and so notify the department of safety;
(2) Notify the board of probation and parole or any other agency, department, program, group, private entity or association that is responsible for the supervision of the person ordered to drive only a motor vehicle with a functioning ignition interlock device;
(3) Direct that the records of the department reflect:
(A) That the person may not operate a motor vehicle that is not equipped with a functioning ignition interlock device; and
(B) Whether the court has expressly permitted the person to operate a motor vehicle without a functioning ignition interlock device for employment purposes under subsection (n); and
(4) Direct the department to attach or imprint a notation on the motor vehicle operator's license of any person restricted under this section, stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
(f) Upon the court ordering a person to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-403(c)(4), § 55-10-403(d)(4)(B), or subsection (b) or (m), the court, the board of probation and parole or any other agency, department, program, group, private entity or association that is responsible for the supervision of such person shall:
(1) Require proof of the installation of the functioning ignition interlock device on at least one (1) motor vehicle operated by such person;
(2) Require periodic reporting by the person for verification of the proper operation of the functioning ignition interlock device;
(3) Require the person to have the system monitored for proper use and accuracy by an entity approved by the department of safety at least every thirty (30) days, or more frequently as the circumstances may require; and
(4) Notify the court of any of the person's violations of this part.
(g)(1) If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device, and such person owns or operates more than one (1) motor vehicle, the court shall also order the person to elect a motor vehicle such person will operate exclusively during the interlock period and order the device to be installed on such motor vehicle prior to applying for a motor vehicle operator's license of any kind and shall show proof of such installation and operation of such device at the time of making application for a motor vehicle operator's license to the department of safety or to the court. A person may elect to have a functioning interlock device installed on more than one (1) motor vehicle.
(2) If the motor vehicle that the person has elected to exclusively operate during the interlock period is no longer being used by such person, the person shall have any replacement motor vehicle exclusively used by such person installed with a functioning ignition interlock device and notify the department of safety and any agency, department, program, group, private entity or association that is responsible for the supervision of such person.
(h) A person prohibited under this part from operating a motor vehicle that is not equipped with a functioning ignition interlock device shall not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(i) A person shall not attempt to start or start a motor vehicle equipped with a functioning ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with a functioning ignition interlock device.
(j) A person shall not tamper with, or in any way attempt to circumvent, the operation of a functioning ignition interlock device that has been installed in a motor vehicle.
(k) A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with a functioning ignition interlock device.
(l)(1) Except as provided in subdivision (l)(2), a person who violates subsections (h), (i), (j) or (k) commits a Class A
misdemeanor:
(A) If the violation is the person's first violation, such person shall be sentenced to a minimum of forty-eight (48) hours of incarceration;
(B) If the violation is the person's second violation, such person shall be sentenced to a minimum of seventy-two (72) hours of incarceration;
(C) If the violation is the person's third or subsequent violation, such person shall be sentenced to a minimum of seven (7) consecutive days of incarceration.
(2) The penalty provisions of this subsection (l) shall not apply if:
(A) The starting of a motor vehicle, or the request to start a motor vehicle, equipped with a functioning ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle; or
(B) The court finds that a person is required to operate a motor vehicle in the course and scope of the person's employment, the requirements set out in subsection (n) are met, the vehicle is owned by the employer, and the vehicle is being operated by the person during regular working hours for the purposes of employment.
(m) If a person convicted of a violation of § 55-10-401 has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order the person, or the department of safety shall require the person prior to issuing a motor vehicle operator's license of any kind, to operate only a motor vehicle, after the license revocation period, which is equipped with a functioning interlock device for a period of six (6) months.
(n)(1) Any person ordered to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-403(c)(4), § 55-10-403(d)(4)(B), or subsection (b) or (m) may, solely in the course of employment, operate a motor vehicle, which is owned or provided by such person's employer, without installation of a functioning ignition interlock device, if:
(A) The court expressly permits such operation;
(B) The employer has been notified of such driving privilege restriction; and
(C) Proof of the notification set out in subdivision (n)(1)(B) is within the vehicle, provided to the court and provided to the person's probation officer or the person responsible for the supervision of the defendant.
(2) If a court permits a person to operate a vehicle pursuant to subdivision (n)(1), the court may also place additional driving restrictions on such person that the court deems necessary to ensure compliance with this section.
(3) Subdivision (n)(1) shall not apply if such employer is an entity wholly or partially owned by the person subject to this section. If such employer is an entity wholly or partially owned by the person subject to the provisions of this section, the person shall be required to drive only a motor vehicle with a functioning ignition interlock device and no such employer exemption shall be available to such person.