State

Citation(s)

Notes

Alabama

No statutory provisions

Alaska

§12.55.102

As a condition of probation, court may order defendant to only operate vehicle with device.

Arizona

§§28-1381, 28-1383, 28-1461, & 28-1464

2^nd and 3^rd offenses require operation of vehicle with device for at least 1 year.

Arkansas

§5-65-118

Sanction may continue for up to 1 year after person's license is no longer suspended or revoked. However, if restricted licenses have been issued (for either a refusal or an admin. Per se violation), the required use of an ignition interlock device "shall be at least the remaining time period of the original suspension" period.

California

Veh. Code §23575(a)(1)
§23575 (f)(1)

The court may order a 1^st offender to operate with ignition interlock system. If a 2^nd or multiple offender the state requires that the offender only operate vehicles equipped with interlock device.

Colorado

§42-2-132.5

Can only operate motor vehicles that are equipped with an ignition interlock device and may obtain a restricted license with proof of device.

Connecticut

No statutory provisions

Delaware

21 §4177(e),

21 §4177F, &

21 §4177G

A person, which has been convicted of a drunk driving offence while driving in violation of an order requiring them only to operate motor vehicles that are equipped with devices, is subject to additional imprisonment term of 60 days and an additional fine of $2000.

District of Columbia

§50-2201.05a

Ignition interlock device is installed for 2^nd & subsequent offenses

Florida

§316.1937
§322.271(2)(d)

A DWI defendant, who is placed on probation and who is otherwise "permitted" to operate a motor vehicle, may be required to operate vehicles equipped with devices for not less than 6 months. The licensing agency may also require any person seeking reinstatement of their driving privileges to use ignition interlock on their vehicle.

Georgia

§42-8-111
§42-8-112(b)

Offenders on probation must operate motor vehicles with an installed ignition interlock device. Time that device required depends on the number of offenses.

Guam

No statutory provisions

Hawaii

No statutory provisions

Idaho

§§ 18-8005(4)(f) & (5)(e) & 18-8008

The defendant may only operate a motor vehicle equipped with device; an imprint/notice shall be attached to the defendant's license stating that driving privileges are granted only for use on motor vehicles equipped with device.

Illinois

§625 ILCS 5/6-205(h) & 5/11-501(i) et seq.

Require device on all vehicles after 2^nd or subsequent offense.

Indiana

§IC 9-30-5-16

As a condition of obtaining probationary driving privileges (1^st offense), the court may required a defendant to use only vehicles equipped with devices.

Iowa

§321J.9(2)(b)
§321J.20(6)
§321J.4
§321J.17(1)

Restricted driving privileges reinstated as long as offender installs device.

Kansas

§12-4416
§22-2909
§8-292
§8-1015

Device installed as part of diversion program, or in lieu of restricted driving privileges.

Kentucky

§§ 189A.090, 189A.340, 189A.345, & 189A.410

Device installed by court order and may be used in lieu of license suspension

Louisiana

§15:306(A),
§32:667(B)(1)&(3), & §32:378.2(A)(2)(a)

Restricted driving privileges without having to serve a mandatory period of license suspension if they agree to operate motor vehicles equipped with device.

Maine

No statutory provisions

Maryland

Art. 27, § 641(A)(1)(ii)(2) and Tran. §§27-107 & 27-108

Device required for probation and for repeat offenders, under Ignition Interlock System Program.

Massachusetts

No statutory provisions

Michigan

§257.322(6), (7), (8) & (9)

A person, who has had their license revoked for any drunk driving offense, may, after the mandatory rev period, be issued a restricted license instead of full driving privileges. If a restricted license is issued, the driver is limited to operating motor vehicles that are equipped with device.

Minnesota

§171.305

If ignition interlock device is installed, treatment is completed, & at least half of sentence is served, then a limited license may be obtained

Mississippi

§§ 61-11-30(2)(f) & 61-11-31

2^nd & subsequent offenses: Ignition interlock device may be installed as an alternative to impounding vehicle if there are other user. Court may order 6 months of device after license has been reinstated.

Missouri

§§ 577.600 & 577.604

As condition of probation, interlock device installed for various lengths of time, depending on number of offenses.

Montana

§61-5-208(2) (3)
§61-8-442

Discretionary Action: (1^st offense) Court can restrict an offender to only operate vehicle with device

Mandatory action: (2^nd and subsequent offences) Defendant issued probationary license restricted to only operating vehicle equipped with device.

Nebraska

§§60-6,197.01(2), 60-6,206(2), & 60-6,211.05

Condition of probation as an alternative to vehicle immobilization; required for no less than 6 months, starting at the end of license revocation period.

Nevada

§484.3941
§484.3943(1) and (2)

Defendant required to install device as a condition to suspend a sentence or to reinstate a license.

New Hampshire

§§ 259:43-A & 265:93-a

Device may be required for 6 months to 2 years after license is reinstated

New Jersey

§§ 39:4-50(a)(2) & (a)(3) & 39:4-50.17

1^st offense: device may be required during probation for 6 months to 1 year. 2^nd Offense: device may be required during probation for 1-3 years. 3^rd Offense: device is mandatory or registration is revoked

New Mexico

§66-8-102(I) et seq.

Required of first time and repeat offenders. Installation of ignition interlock device as a condition of probation; and may be required to only operate vehicles with device installed.

New York

V & T Law §1198(repealed 7/1/2001)

As condition of probation.

North Carolina

§20-179.3 (g3) & (g5)

Condition of restricted driving privileges. Installation required if BAC was > or = 0.16, or a 2^nd or subsequent offense.

North Dakota

§39-08-01.3

Device may be required for 2^nd & subsequent offenses

Ohio

§§2951.02 A
§4507.16 C
§4511.83
§4511.99 A

As condition of probation; A person may be required to use device when operating under an occupational license.

Oklahoma

§§987.8(B) (13) &
§ 991a (A)(6)

47 §6-211(L) &

47 §11-906.4(B)(2) & (B)(3)

2^nd & subsequent offenses: after revocation period, the device must be installed for a minimum of thirty days on all vehicles.

Oregon

§8813.602(1)(a), (1)(b) &(2)
§813.606

Device installed on defendant's vehicle before being issued a hardship license and defendant must operate vehicle with device for at least 6 months after license suspension period complete.

Pennsylvania

42 Pa CS §7001 et seq.

1^st offense: device may be required

2^nd & subsequent offenses: device is mandatory

Puerto Rico

No statutory provisions

Rhode Island

§31-27-2(d)(2) &(3)
§31-27-2.8

2^nd or 3^rd offender may be required to install device for up to 2 years after suspension period complete.

South Carolina

§ 56-5-2941

Device may be required. Court's discretion about length of time

South Dakota

No statutory provisions

Tennessee

§§ 55-10-403 (d)(4)(B) &

55-10-412

If issued restricted license, device is required for entire time of restricted license plus 6 months after license is restored. Device can be required for up to 1 year after license is restored.

Texas

Code of Criminal Procedure Art. 42.12, §13(i); Trans. Code § 521.246; Code of Criminal Procedure Art. 17.441

If defendant is put on community supervision, the court may require that the offender install device on their vehicle; Defendants operating under an occupational license are required to install device after 1^st offense; magistrate shall required offender, after release from confinement, to only operate vehicles with device installed.

Utah

§§41-6-44(15)(b) & 41-6-44.7

1^st offense: as a condition of probation, may be required to only operate motor vehicles that are equipped with device. 2^nd offense within 10 years: device is required for 3 years from conviction for all vehicles.

Device is mandatory if offender is under 21 years old.

Vermont

No statutory provisions listed.

Virginia

§§18.2-51.4(B), 18.2-270.1, 18.2-271.1(C), 46.2-360(2), & 46.2-391(C)

Installed as a condition of defendant undergoing evaluation via Virginia Alcohol Safety Action Program and may be required to only operate motor vehicles that are equipped with ignition interlock devices.

Virgin Islands

No statutory provisions listed.

Washington

§46.20.720(1)

The court may require that device be installed after license suspension period complete. (As long as defendant did not refuse chemical test.)

West Virginia

§17C-5A-3a (c) (e) (f)
§91-5-16 (regulation 91 CSR 5)

Provision only available for people 18 or older. The defendant must complete a safety and treatment program to be eligible to participate in ignition interlock program. Defendant is not eligible for program if they committed a death related drunk driving offense.

Wisconsin

§343.301(1)

§346.65(6)(a)
§940.25(1d)

In the instance of a 3^rd refusal of a chemical test or 3^rd offense, the defendant's vehicle may be immobilized, forfeited, or equipped with device.

Wyoming

No statutory provisions