Act No. 126

(S.103)

Motor vehicles; DUI; ignition interlock devices; restricted driver's licenses; policy study; implementation plan; pilot program

This act authorizes issuance of ignition interlock restricted driver's licenses (RDLs) effective July 1, 2011, to eligible DUI offenders and specifies the terms and conditions of operation under an ignition interlock RDL. Those whose DUI offense involves refusal to submit to an officer's reasonable request for an evidentiary test or results in death or serious bodily injury to another are not eligible.

Those issued an RDL may operate only noncommercial vehicles with a device installed. Operators are prohibited from tampering with or circumventing the device or operating a vehicle after failing a retest.

First-time offenders otherwise subject to a 90-day suspension or those under 21 subject to a civil six-month suspension may operate under an RDL after a 30-day period. Reinstatement of the operator's regular license requires operation under a valid RDL for six months, among other requirements.

Second-time offenders otherwise subject to an 18-month suspension may operate under an RDL after a 90-day period. Reinstatement of the operator's regular license requires operation under a valid RDL for 18 months, among other requirements.

Third or subsequent offenders otherwise subject to a life suspension may operate under an RDL after a one-year suspension period. Reinstatement of the operator's regular license requires operation under a valid RDL for three years, among other requirements.

The act requires the commissioner of motor vehicles to study: the creation of an indigent fund to defray the costs of ignition interlock devices; coordinating use of ignition interlock devices with other types of monitoring equipment; the relative success of ignition interlock programs in other states; and appropriate fees to cover program costs. The commissioner also is required to develop an implementation plan and to report to the committees of jurisdiction by January 15, 2011.

The act establishes a six-month pilot project starting no later than January 1, 2011. Those under the supervision of the intensive substance abuse program of the department of corrections ("DOC") will be eligible to obtain an ignition interlock RDL under the pilot program subject to meeting eligibility criteria and approval from DOC.

The act requires the commissioner of motor vehicles to study the effectiveness of ignition interlock legislation after full implementation and to report to the committees of jurisdiction by January 15, 2013.

Date Signed by the Governor:  May 27, 2010

Effective Date:  

(1) Secs. 9 (ignition interlock restricted driver's license and penalties), 12 (study of interlock devices and implementation planning), 13 (establishment of pilot project using the devices), and 15 (effective dates) take effect on passage (May 27, 2010, the date on which the governor signed the bill).

(2) All other sections take effect on July 1, 2011.