Legislation
Other State Legislative Considerations For Ignition Interlock Devices
- The convicted repeat DWI offender never be fully relicensed until they demonstrate alcohol free operation of an ignition interlocked vehicle for a minimum of one year. For some, IID would become a defacto permanent restriction to the driver's license. In the State of Michigan, the Secretary of State reviews the interlock event log after one year and has extended the required period of use for “bad reports.”
- Allow for a repeat offender to enroll in an ignition interlock/treatment program after no more than ninety (90) days of hard revocation and receive a limited, restricted driving privilege. The State of New Mexico went a step further and has an amnesty program for repeat and multiple offenders to obtain an interlock restricted licenses at anytime during their suspension/revocation period which may be up to 10 years.
- Any person convicted for driving under suspension when the underlying basis was a DWI/DUI should receive a mandatory (30) day jail sentence or impoundment of the motor vehicle and be required to have ignition interlock for 12 months as a condition of license reinstatement. The State of California has attempted to require that courts order such offenders to install an interlock device but it is required during the time period the person’s license is still suspended or their vehicle may be impounded. Courts compliance rate with imposing the requirement is about 10% with about 10% of the offenders so ordered installing the interlock device.
- First offenders who refuse the breath alcohol test or who register a test result that is .15% or higher should be sanctioned and interlocked as a repeat DWI/DUI offender. Several States including Arizona, Arkansas, Florida, New Mexico, North Carolina, and Washington, require 1st time High BAC offenders to install an interlock device for at least 6 months to one year as a condition of license reinstatement. Oklahoma, Louisiana, and Iowa require interlock for a short duration, (less than six months) as a condition of a restricted license for all 1st offenders.
- Require all individuals with a repeat arrest to install an interlock device as a condition of Bail or Bond until the arrest is adjudicated. Texas mandates this for all repeat arrests.