Status of State Ignition Interlock Laws

[1] Mandatory for all convicted offenders with probation. Certain cities listed in bill are exempted. Goes into effect January 1, 2009.

[2] Effective October 1, 2009. Mandatory all persons with BAC at or exceeding .15 and persons with repeat DUI convictions. Mandatory upon first conviction with BAC at or exceeding .08 for persons convicted of DUI who commit a DUI with a child under 16 years of age in the vehicle.
[3] Judges are only required to issue interlocks to persons convicted of DUI upon reinstatement of their unrestricted driver’s license. Very few people will get their licenses reinstated. Many will just drive on a suspended or revoked license. MADD’s model law mandates persons convicted of DUI begin interlock usage within 30-45 days after receiving a DUI conviction.

[4] In all other states, judges have discretion as to whether they use interlocks as a sanction for first convictions. In Texas, for example, judges are ordered to give interlocks only if person convicted of DUI has a repeat DUI and in the case of a person with first conviction that is with a BAC at or exceeding .15, only if that person elects probation, thus not jail. (“under community supervision”). Maine passed an interlock law in 2008 that mandates judges issue interlocks to persons convicted of multiple DUIs only upon “reinstatement” of their unrestricted driver’s licenses.

[5] Bill passed in May 2008 mandating the formation of a Task Force to plan for the implementation of the interlock law. Law goes into effect July 1, 2010.

[6] Strong opt-in provision for first time convicted. Not wholly mandatory but goes beyond requiring interlocks for High BAC and repeat convictions. All persons convicted of one DUI must have license suspended for nine months and thus driving privileges revoked. If one elects to use interlock, he drives for four consecutive months using the interlock, and he gets his driver’s license reinstated. Strong criminal law provisions for driving on a suspended or revoked license and/or tampering or circumventing the interlock.
[7] Effective January 1, 2009. Big loophole includes choice of hard suspension or interlock; we’re working to amend this to close the loophole.
[8] Effective October 1, 2008.
[9] Effective January 1, 2009.
[10] Effective June 2008. Opt-in provision  for “first conviction” but not highly incentivized because only administratively enforced.
[11] Strongest mandatory ignition interlock law on the books thus far. Effective January 1, 2009.

Originally posted on MADD