(a) (1) (A) A court may order the installation and use of an ignition interlock device for any
conviction of § 55-10-401, if the driver's
license is no longer suspended or revoked or the driver does not have a prior conviction as defined
in § 55-10-405. The restriction may apply for up to one (1) year after the person's license is
reinstated.
(B) The provisions of this subdivision (a)(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 this part.
(2) If a person is convicted of a first offense of § 55-10-401, and the person is not required to
operate only a motor vehicle with an ignition interlock device pursuant to § 55-10-409(b)(2)(B),
and the person is otherwise eligible for a restricted license pursuant to § 55-10-409(b)(1)(A)(i),
such person may request and the court may order the installation and use of an ignition interlock
device in lieu of geographic restrictions or additional limitations on the restricted license. A
person so requesting shall pay all costs associated with the ignition interlock device and no funds
from the DUI monitoring fund shall be used to pay any cost associated with the device, regardless
of whether or not the person is indigent.
(3) If a person is ordered to install and use the device due to the requirements of § 55-10-409 or
subdivision (a)(1), subdivision (a)(2), or subsection (k) due to a violation of either § 55-10-401
or § 55-10-406, the restriction shall be a condition of probation or supervision for the entire
period of the restriction.
(b) Upon ordering a functioning ignition interlock device pursuant to § 55-10-409 or subdivision
(a)(1), subdivision (a)(2) or subsection (k) the court shall establish a specific calibration
setting of two-hundredths of one percent (0.02%) blood alcohol concentration at which the
functioning ignition interlock device will prevent the motor vehicle from being started.
(c) Upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or
subdivision (a)(1), subdivision (a)(2), or subsection (k) 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 department of corrections, the department of safety 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 that the person may not operate a motor
vehicle that is not equipped with a functioning ignition interlock device; 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.
(d) Upon the court ordering a person to operate only a motor vehicle equipped with a functioning
ignition interlock device pursuant to § 55-10-409, subdivision (a)(1) or subsection (k), the court,
the department of correction 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.
(e)
(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.
(f) 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.
(g) 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.
(h) No person shall:
(1) 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;
(2) Operate a motor vehicle that is not equipped with a functioning ignition interlock device when
the person has been ordered by the court to only operate a vehicle equipped with such an interlock
device; or
(3) Operate a motor vehicle outside the geographic limitations or during restricted times when
geographic or time restrictions are ordered by the court.
(i) 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.
(j) Except as provided in subdivision (j)(4), a person who violates subsections (f), (g), (h) or
(i) commits a Class A misdemeanor:
(1) If the violation is the person's first violation, such person shall be sentenced to a minimum
of forty-eight (48) hours of incarceration;
(2) If the violation is the person's second violation, such person shall be sentenced to a minimum
of seventy-two (72) hours of incarceration;
(3) 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;
(4) The penalty provisions of this subsection (j) shall not apply if the starting of a motor
vehicle equipped with a functioning ignition interlock device, 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.
(k) If a person convicted of a violation of § 55-10-401 has a prior conviction as defined in §
55-10-405 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.
(l) If a person is required by the department of safety pursuant to subsection (k) or by court
order issued pursuant to this section, whether issued due to statutory requirement, in the court's
discretion, or at the defendant's request, to operate only a motor vehicle that is
equipped with a functioning ignition interlock device and the offense for which the ignition
interlock device is ordered occurs on or after July 1, 2016, the compliance-based provisions of §
55-10-425 shall govern the required periods of continuous operation, default interlock
orders, authorized removal of the device, and other enforcement aspects of the court's order set
out in § 55-10-425.
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