Drunk Driving
State Ignition Interlock Laws

July 2008

Jurisdiction	Statute	Summary
Alabama	N/A	No ignition interlock law.
Alaska	§12.55.102(a)	As a condition of probation, if granted, the court may order a defendant to operate only motor vehicles equipped with ignition interlock devices. However, mandatory licensing sanctions still apply.
Arizona	§28-1381§28-1383 §§28-1401, 28-1402, 28-1321P §§28-1381(K)(4), 28-1382 (D)(5)and(F)(5),28-1383(J)(1), and 28-3319 (D)and(E).	The court shall require one who is convicted of a DUI to equip any motor vehicle the person operates with an ignition interlock device. The court also shall require offenders to equip vehicles operated with ignition interlock devices for one year at the conclusion of the license suspension/revocation period or on the date of conviction, whichever is later if 1) a second drunk driving offense occurs within 84 months; 2) a third or subsequent drunk driving offense occurs (aggravated driving under the influence); 3) a drunk driving offense occurs where the offender is driving on a suspended or revoked license for a prior DWI offense or a prior administrative per se violation (AGDWI); 4) a first or second .15 offense occurs; or, 5) a drunk-driving child endangerment offense occurs.
Arkansas	§5-65-118	In addition to any other sanction for a DWI offense, the court 1) may for a first or second offense and 2) must, for a third or subsequent offense, if the offender can afford it, require operating only a motor vehicle equipped with an ignition interlock device. This requirement continues for up to one year after the person's license no longer is suspended or revoked. If restricted licenses have been issued, the required use of an ignition interlock device “shall be for at least the remaining time period of the original suspension.”
California	Vehicle Code §§23556, 23575(a)(l) Vehicle Code §§13352(a) and 23575(f)(1)	The court may order a first offender to operate only motor vehicles equipped with “ignition interlock” devices for not more than three years. Heightened consideration is to be given to first offenders with a BAC of .15 or to first offenders who refused to take a chemical test, including to grant probation participation for at least nine months or longer in a licensed alcohol and other drug education program that consists of at least 60 hours of program activities. If a subsequent offender is granted restricted driving privileges, the state driver licensing agency must require him or her to operate only motor vehicles equipped with “ignition interlock” devices.
Colorado	§42-2-132.5 §42-2-125 (2.3)-(2.4) §42-2-132.5(1.5)	A person with greater than .17 blood alcohol content is classified as a “persistent drunk driver” and must use an ignition interlock for at least one year. For either 1) an impaired, under the influence or illegal per se offense or 2) a habitual offender offense related to one of these alcohol offenses where there has been a previous alcohol driving offense conviction of any type within a five-year period, an offender must install ignition interlock devices on the vehicles that person drives and must hold a restricted license for at least one year prior to full license reinstatement. A person whose driving privileges have been revoked for more than 1 year either for 1) driving while either impaired, under the influence or illegal per se or 2) an administrative per se violation, is eligible for early license reinstatement with driving restrictions with the use of an ignition interlock device. The restrictions remain in effect for “the longer of one year or the total time period remaining on the license restraint prior to early reinstatement.”
Connecticut	§14-227j §14-227a(i)	Any person who has been arrested for a violation may be ordered by the court not to operate any motor vehicle unless such motor vehicle is equipped with an ignition interlock device. The commissioner of motor vehicles shall permit a person whose license has been suspended to operate a motor vehicle if such person has served not less than one year of such suspension, and has installed an approved ignition interlock device in each motor vehicle owned or to be operated by that person.
Delaware	21 §§2702(e) and 4177F 21 §4177G	First offenders who have refused to submit to a chemical test and second or subsequent offenders are eligible for a regular Class D license via the licensing agency if they agree to install and use ignition interlock devices on the vehicles they operate. If the original revocation was for 12 months, a person must agree to participate in the program for 14 months, whereupon a conditional license is available after one month. If the original revocation was for 12 months where there are no prior offenses but there is a refusal to submit to a chemical test, a person must agree to participate in the program for 14 months, whereupon a conditional license is available after two months. If the original revocation was for 18 months, a person must agree to participate in the program for 20 months whereupon, a conditional license is available after six months. If the original revocation was for 24 months, a person must agree to participate in the program for 26 months, whereupon a conditional license is available after 12 months. Those who have been convicted for drunk driving offenses related to death or serious injury or who are under license suspension or revocation are not eligible for this voluntary program. Participation in the ignition interlock program is mandatory for all subsequent offenders
Florida	§322.2715(3) §316.193(2)(a)(3) §316.193(2)(b) and (4)(c) §322.2715(1) §316.193 §322.271(2)(d)	Use of ignition interlock device is mandatory for at least one year upon a second conviction if driver qualifies for a permanent or restricted license and for at least two years for any third conviction and for other extenuating circumstances. If a first-time DUI offender was accompanied in the vehicle by a person younger than age 18, the person shall have the ignition interlock device installed for six months for the first offense and for at least two years for a second offense. A DWI defendant who is placed on probation and who is otherwise permitted to operate a motor vehicle shall be required to operate vehicles equipped with ignition interlock devices for not less than six months. In addition, the licensing agency may require those seeking reinstatement of driving privileges to use an ignition interlock device on their vehicle. This requirement can apply to either occupational restricted or regular driving privileges.
Georgia	§40-6-391(c)(1)(E) §§42-8-111 and 42-8-112 §42-8-112(b)(3)	Second and subsequent offenders on probation must install ignition interlock devices on all the vehicles they own and operate only vehicles equipped with such devices. Use begins when the offender is issued limited driving privileges and must last for six months. If habitual offender status is based on two or more drunk driving offense convictions and the offender is placed on probation, the use of a probationary license is conditioned on the use of an ignition interlock device for six months after the probationary license has been issued.
Hawaii	2008 H.B. 3377	For first offense: One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person. For second offense within five years or first conviction if highly intoxicated: A two-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person.
Idaho	§§18-8004A(2)(d) and (3)(e), 18-8004C(2)(e), 18-8005(4)(f) and (5)(e) and 18-8008(1) and (2)	For any person under age 21, a second and subsequent offense requires ignition interlock following the mandatory license suspension period. Ignition interlock installation is mandatory following the mandatory license suspension period for second and subsequent violators who had a BAC over .20 at time of arrest. For any person who has been found guilty of DUI within the prior 10 years, installation of an ignition interlock is mandatory.
Illinois	725 ILCS 5/110-10 (b) (14.4)	The court may require that those convicted refrain from operating a motor vehicle not equipped with an ignition interlock device pursuant to the rules promulgated by the secretary of state for the installation of ignition interlock devices. Under this condition, the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant’s employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment.
Indiana	IC9-30-8-1 and 9-30-5-16 IC9-30-5-10(c)-(d)	As a condition for obtaining probationary driving privileges, the court may require a defendant to use only vehicles equipped with ignition interlock devices for a term established by the court with the limitation that such term cannot exceed the maximum prison sentence; violation of this requirement is a Class A infraction. Other provisions provide that a person convicted of an illegal per se/intoxicated offense (within five years or within 10 years but more than five years of a previous conviction) may be granted probationary (restricted) driving privileges on the condition that the person operate only vehicles equipped with ignition interlock devices.
Iowa	§§321J.17 and 321J.4 §§321J.9(2)(b) and 321J.20(6)	A DWI offender may be required to install ignition interlock devices on the vehicles they own. Second or subsequent offenders, after the mandatory license revocation period, may be granted restricted driving privileges provided they install ignition interlock devices on all of the vehicles they own. Prior to reinstating the driving privileges to a second or subsequent offender, the state shall require such person to install ignition interlock devices on all of the vehicles he or she owns for one year. For either a first or subsequent refusal, a restricted license may be issued by the licensing agency provided the minimum period of license revocation has expired. A person must install an ignition interlock system on the vehicle(s) he or she operates as a condition for obtaining a restricted license.
Kansas	§8-1014(b)(2) §§8-292 and 8-1015	For a first offense, a person’s driving privileges may be restricted to operating a motor vehicle for educational, employment and medical purposes for 90 days to one year—or the court may require the person to operate only vehicles equipped with an ignition interlock device. Ignition interlock device use is required for one year after license reinstatement for second, third or fourth offense.
Kentucky	§189A.340 §189A.410	At the conclusion of an offender’s license revocation period, the court may require that person to operate only motor vehicles equipped with ignition interlock devices (with the exception of an employer’s vehicles). This requirement lasts for the following periods after license revocation: first offense – six months; second offense (within five years) – 12 months; third or subsequent offense (within five years) – 30 months. Second or subsequent offenders must wait at least one year from the start of the license revocation period before applying to the court for permission to use an ignition interlock device. This requirement may be used as an alternative to impounding the license plates of a second or subsequent drunk driving offender. The court may grant hardship driving privileges for the purpose of employment, education, medical care, alcohol/substance abuse education programs or other court ordered counseling programs. This privilege may granted on the condition that the offender operating motor vehicles equipped with ignition interlock devices.
Louisiana	§32:378.2(A)(2)(ii) §14:98K(1)	For the offense, upon first or second conviction, or entry of a plea of guilty or nolo contendere, the offender’s vehicle must be equipped with a functioning ignition interlock device in order for a restricted license to be issued. First offense with a BAC of 0.20 or more results in suspension for at least two years. But a restricted license may be granted during the entire period of suspension with installation of ignition interlock.
Maine	N/A	Repeat offenders may install ignition interlock devices instead of having their licenses suspended.
Maryland	Crim. Proc. §6-221 and Tran. §§27-107 and 27-108 Tran. §16-404.1 Tran. §§16-404(c)(3) and 16-404.1(4)(i) Tran. §16-404. 1(b)(4)(iii)	As a condition of probation, the court may order a defendant for one to three years to operate only vehicles equipped with “ignition interlock” devices. If defendant registers a BAC of 0.15 or more, the court must order ignition interlock for at least one year. The licensing agency may establish an ignition interlock program for those convicted of alcohol related driving offenses. This program does not apply to persons who have been convicted of driving while under the influence of a controlled substance. A person who is subject to license suspension via the point system for a conviction of DWI may be issued a restricted license by participating in the ignition interlock program. A person who is subject to license revocation following a conviction for either DWI or for DUI may have the license suspended in lieu of revocation by participating in the ignition interlock program. The suspension periods (or restricted license) imposed are the same as for DWI. A person who has a fourth or subsequent offense is considered an “habitual offender” and cannot have driving privileges restored until participating in this program for at least 24 months.
Massachusetts	N/A	Offenders with more than one drunken-driving conviction are required to install an ignition interlock device on their vehicles for a period of two years as a condition of having their licenses reinstated.
Michigan	§257.322(6), (7), (8) and (9)	A person who has had his or her license revoked for any drunk driving offense may, after the mandatory revocation 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 an ignition interlock device. The initial period for the use of such device is one year.
Minnesota	§171.305 subd. 5 §171.04, subd. 1(10) §171.305	The commissioner may issue a limited license to a drunk driving offender who had been denied driving privileges based on good cause that the person is a threat to public safety, if 1) at least half of the person’s required alcohol abstinence period has been completed 2) the treatment program has been completed, 3) the person was currently participating in a group support abstinence program, and 4) operated motor vehicles are equipped with ignition interlock devices.
Mississippi	§577.600 §302.309	For either an intoxicated or illegal per se drunk driving offense of a first offender, the court may require such a person to operate only motor vehicles that are equipped with an ignition interlock device for not less than one month following license reinstatement. In the case of a second or subsequent offense, the court must require ignition interlock. Such a requirement is mandatory as a condition for granting limited (hardship) driving privileges for subsequent offenders.
Missouri	§577.600	For either an intoxicated or illegal per se drunk driving offense, the court may, in the case of a first offender, and must, in the case of a second or subsequent offender, require such person to operate only motor vehicles that are equipped with an ignition interlock device for not less than one month following license reinstatement. Such a requirement is mandatory as a condition for granting limited (hardship) driving privileges for subsequent offenders.
Montana	§61-5-208(2) §61-8-731(3)(h) §61-5-208(3) §61-8-442	For a first offense, a court may restrict an offender to operate only motor vehicles that are equipped with ignition interlock devices. For either a second or subsequent offense, a defendant who is issued a probationary license is restricted to operating motor vehicles that are equipped with ignition interlock devices. For fourth or subsequent offenses, if an offender is permitted to operate motor vehicles as a condition of probation, such vehicles must be equipped with ignition interlock devices. Licensing action is stayed while participating in the ignition interlock program. The duration of this restriction is equal to the period of license suspension or revocation.
Nebraska	§60-498.02 §60-6,197.01	At the expiration of 30 days after an order of administrative license revocation for 90 days is entered, any person who submitted to a chemical test which disclosed the presence of a concentration of alcohol in violation of the statutory limit is eligible for an order to allow application for an ignition interlock permit to operate a motor vehicle equipped with an ignition interlock device upon presentation of sufficient evidence to the Department of Motor Vehicles that such a device is installed. As an alternative to vehicle disablement, the court shall order the convicted person, in order to operate a motor vehicle, to obtain an ignition interlock permit and install an ignition interlock device on each of the motor vehicles owned or operated by the convicted person if he or she was sentenced to an operator's license revocation of at least one year and has completed at least one year of such revocation. In addition to these restrictions, the court may require a person convicted of a second or subsequent violation to use a continuous alcohol monitoring device and abstain from alcohol use for a period of time not to exceed the maximum term of license revocation ordered by the court. A continuous alcohol monitoring device shall not be ordered for a person convicted of a second or subsequent violation unless the installation of an ignition interlock device is also required.
Nevada	§484.3943(1) and (2)	The court may or must require a defendant to install an ignition interlock as a condition for restricted driving privileges as follows: First offense – three to six months (discretionary); second offense – (no requirement); and, third and subsequent offense – 12 to 36 months (mandatory). The court may require a defendant to install an ignition interlock as a condition for the reinstatement of driving privileges. The period of use is determined by the court.
New Hampshire	§265-A:36 §265:93 I-a, b	Aggravated DWI or subsequent DWI offenders may be required to install an ignition interlock device on the vehicles owned or regularly used for six months to two years following license reinstatement. An interlock device is required on any vehicle registered to a person who drives after a suspension or revocation resulting from a DWI offense.
New Jersey	§§39:4-50(a)(1),(2) and (3) and 39:4-50.17	After license the suspension period is completed, a person may be required to install an ignition interlock device on all of motor vehicles he or she owns or operates. The device remains installed for the following periods: first offense—discretionary six months to one year (six months required usage if ignition interlock use ordered); second or subsequent offense—mandatory ignition usage for 1 (mandatory) to three years or mandatory vehicle registration revocation.
New Mexico	§66-8-102(N) §66-5-35(A)(3) and (C), § 66-5-29 C.	Those who have been convicted of a misdemeanor drunk driving offense shall be required, as a condition of probation, to operate only motor vehicles that are equipped with ignition interlock devices, as follows: (1) a period of one year, for a first offender; (2) a period of two years, for a second conviction; (3) a period of three years, for a third conviction; (4) for life for a fourth or subsequent conviction, except that five years from the date of conviction and every five years thereafter, the offender may apply to a district court for removal of the interlock for good cause shown. Good cause may include alcohol screening and proof from the interlock vendor that the person has not had violations of the interlock device.
New York	V and T Law §1193(b) VT §1193(1-a)(c	Aggravated Driving While Intoxicated (BAC > 0.18): If probation is granted for first offense, it must be accompanied by ignition interlock for the duration of the probation. Ignition interlock is required for second or third subsequent per se or intoxicated offenses during period of revocation and thereafter by court order.
North Carolina	§§20-17.8(a), (b) and (c) and 20-179.3(g3) and (g5) §20-17.8(c)	Those eligible for restricted driving privileges may be required to operate motor vehicles equipped with an ignition interlock device. This requirement is mandatory if the BAC was greater than .16 or if the person is a second or subsequent offender (within seven years). After license restoration, required ignition interlock use is as follows: 1) one year if license revocation was for one year; 2) three years if license revocation was for four years; and 3) seven years if the license was permanently revoked but can be restored.
North Dakota	§§39-06.1-11 and 39-08-01.3.	The court or driver licensing agency may order a defendant to install an ignition interlock device on his or her vehicle. This requirement applies to issuance of temporary restricted driving privileges.
Ohio	§§2951 .02(G), 4507.16(C), 4511.83 and 4511.99(L) §2951.02(G)(2) and (3)	If imposed as a condition of probation by the court, offenders must obtain a specially marked driver’s license indicating they may operate only a vehicle equipped with such an ignition interlock device. For first and second offenses, the court may order a person to use ignition interlock devices when using an occupational license; for third and subsequent offenses, the court must require a person to use these devices when using an occupational license.
Oklahoma	47 §11-902 (D). 47§§ 754.1(B) and 755. §6-212.3	A person is guilty of aggravated driving if convicted of driving under the influence with a BAC > .15. Such a conviction requires ignition interlock use for a minimum of 30 days. License revocation may be modified upon showing that no other adequate means of transportation exists. As a condition of modification, the driver must agree, except in certain circumstances, to operate only motor vehicles that are equipped with an ignition interlock device. A second or subsequent drunk driving conviction within five years requires installation of ignition interlock for at least six months.
Oregon	§§813.602(1)(a), (1)(b) and (2) and 813.606.	Those convicted of DWI offenses shall have an ignition interlock device installed in their vehicles prior to being issued a hardship license. Offenders must operate motor vehicles equipped with ignition interlock devices for six months after the end of the license suspension or revocation period. The court may require the use of an ignition interlock device as part of a diversion agreement.
Pennsylvania	42 §7002	All vehicles owned by offenders may for a first offense and must for a subsequent one be equipped with ignition interlock devices for at least one year following license reinstatement.
Rhode Island	§§31-27-2(d)(2) and (3) and 31-27-2.8	Any second offender may be required to operate motor vehicles equipped with ignition interlock devices from one to two years. Third or subsequent offender may be required to use these devices for two years. Requirements begin following the completion of any incarceration period.
South Carolina	§56-5-2941	A person (first or subsequent offender) who violates any drunk driving law may be required to install an ignition interlock device on the vehicle that person operates. The duration of ignition interlock usage is discretionary with the court.
South Dakota	N/A	No ignition interlock law.
Tennessee	§55-10-412 §55-10-412(d) §§55-10-412(i) and 50-10-4039 (d)(4)(B).	DUI offender may be required to operate vehicles equipped with ignition interlock devices for up to one year after the license is no longer suspended or revoked. For a second or subsequent DWI offender, the law creates an inference that the court should order the use of an ignition interlock device as a means of protecting the public. The court may require use of these devices during all or part of the suspension or restriction period or after such suspension or restriction period has expired.
Texas	Penal Code §49.09(g) §521.241 et seq. Code of Criminal Procedure Art. 17.441	For second or subsequent offenses or >.15 B.A.C.: The court must order offender to install ignition interlock devices on all of the motor vehicles he or she owns for one year following a period of license suspension. When applying for an occupational license, the court may require a first offender and must require subsequent offenders within 10 years to operate only vehicles that are equipped with ignition interlock devices. Unless the interests of justice indicate otherwise, a magistrate shall require an offender (intoxicated assault, intoxicated manslaughter or a subsequent DWI offense), after release from confinement, to operate only vehicles that are equipped with ignition interlock devices.
Utah	§41-6-44.7(2)(a) and (b) §41-6-44(15)	An offender may be required, as a condition of probation, to operate only motor vehicles that are equipped with ignition interlock devices. This requirement is mandatory if the offender is under age 21. If the defendant had a BAC of .16 or higher, the court shall order the following (or describe on record why the order or orders are not appropriate): Treatment and one or both of the following: ignition interlock system as a condition of probation, and home confinement through the use of electronic monitoring.
Vermont	N/A	No ignition interlock law.
Virginia	§§18.2-270.1, 18.2-270.2, 46.2-360 and 46.2-391	For a first offense, the court may require and, for a second offense, the court must require a DWI offender who has been granted either restricted driving privileges or full driving privileges on condition to operate only motor vehicles that are equipped with ignition interlock devices. This use must last at least six months.
Washington	§46.20.720	The court may order that after a period of suspension, revocation or denial of driving privileges and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific calibration setting at which the interlock will prevent the vehicle from being started. The court also shall establish the period of time for which interlock use will be required. The department shall require that, after any applicable period of suspension, revocation or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of an alcohol-related violation. The ignition interlock device is not necessary on vehicles owned by a person's employer and driven as a requirement of employment during working hours. A person who has not previously been restricted must have the device installed for a period of one year; and for a second restriction, a period of five years; for a third or subsequent restriction, a period of ten years.
West Virginia	§91-3-3.6	The driver licensing agency may reduce the mandatory and regular revocation periods of certain implied consent, admin per se and DWI law offenders if they agree to operate motor vehicles equipped with ignition interlock devices. First admin per se violation/DWI offense: The ignition interlock must be used for five months. First refusal: The ignition interlock must be used for nine months. Second admin per se violation or DWI offense: The ignition interlock must be used for 18 months. Subsequent admin per se violation or DWI offense and second or subsequent refusal: The ignition interlock must be used for two years.
Wisconsin	§§343.301(1) and (2) and 343.305(10m)	For a second or subsequent offense (within five years), a person’s vehicles must be immobilized or equipped with an ignition interlock device for not less than one year nor more than the maximum period of license revocation. Ignition interlock use starts one year after the revocation period.
Wyoming	§31-7-402	After a 45-day license suspension, an ignition interlock-restricted license may be issued for the balance of the suspension or revocation period or one year, whichever is greater.
District of Columbia	§ 50-2201.05a	The mayor shall establish an ignition interlock device program applicable to persons who have been convicted of a second or subsequent drunk driving offense.
Puerto Rico	N/A	No Information
Virgin Islands	N/A	No Information

Sources: NHTSA, 2007; NCSL, 2008.

Source: National Conference of State Legislatures, 2008. The above abstracts state statutes and legislation. This report is the property of the National Conference of State Legislatures (NCSL) and is intended as a reference for state legislators and their states. NCSL makes no warranty, expressed or implied, or assumes any legal liability or responsibility for third party use of this information, or represents that its use by such third party would not infringe on privately owned rights.

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Drunk Driving State Ignition Interlock Laws

Drunk Driving
State Ignition Interlock Laws