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State Ignition Interlock Laws

State Ignition Interlock Laws

Updated August 2014

Below is information on state ignition interlock laws. All 50 states have some sort of ignition interlock law. Twenty one states—Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Hawaii, Illinois, Kansas, Louisiana, Mississippi, Nebraska, New Hampshire, New Mexico, New York, Oregon, Tennessee, Utah, Virginia, Washington, and West Virginia—have mandatory ignition interlock provisions for all offenses. California has a pilot program in four of its largest counties. Colorado and Maine’s laws are not mandatory for a first conviction, but there are strong incentives to install an interlock device on the first conviction. In December 2013, the National Highway Traffic Safety Administrations released model guidelines for states encouraging them to adopt ignition interlock for first-time convicted drunk drivers and establish a minimum length of time in which offenders must use the interlocks.  The report also contains guidelines for program administration and for venders and service providers.

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

State Statute Summary
Alabama*

§32-5A-191
 

First offenders with .08 to .14 blood alcohol level must have an ignition interlock for a period of six months.

 

If a first time offender has a child of 14 years old or younger, has a BAC of 0.15 or higher, or causes an injury to another person, an ignition interlock device must be installed for 2 years, once their license has been returned to them. Second offenders have the same requirement, regardless of extenuating circumstances. A first time offender may also elect for an ignition interlock device for six months in lieu of the mandatory ninety day license suspension. For third-time offenders the period is 3 years, and for fourth and subsequent offenses, the period is 5 years.

Alaska*

§§28.35.030(b)
12.55.102

The Court shall require anyone who is convicted of DUI to equip any motor vehicle the person operates with an ignition interlock device after the person regains the driving privilege. Minimum of 6 months on first conviction, 12 months upon second conviction and 18 months for third conviction.
Criminal sanctions exist for circumventing or tampering devices.

 

Exemption: Employer.

Arizona*

§28-1382-9,10
§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)
§28-3319(D)and(E)

The court shall require any persons who are convicted of DUI to equip any motor vehicle the person operates with an ignition interlock device.

 

The court shall also require offenders to equip vehicles operated with ignition interlock devices for 1 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 (aggravated driving under the influence ); (3) a drunk-driving offense where the offender is driving on a suspended or revoked license for a prior DWI offense or a prior admin. per se violation (AGDWI); (4) a first or second BAC of 0.15 offense; or, (5) a drunk-driving child endangerment offense.

 

Offenders are eligible for an ignition interlock after 45 days of their license suspension, if they wish to resume driving more quickly. For offenders who were convicted of driving with a BAC of 0.15 to 0.2, a judge may suspend all but 9 days of their jail time if they install an ignition interlock device. For drivers convicted of driving with a BAC greater than 0.2, a judge may suspend all but 14 days of their jail sentence if they install an interlock device.

 

Exemptions: Emergency.

Arkansas*

§5-65-104(a)(1)

 §5-65-118

 

A person arrested for a first offense DWI are not entitled to a restricted permit but are allowed an ignition interlock restricted license.

 

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 only operating a motor vehicle equipped with an ignition interlock device.

 

This requirement continues for up to 1 year after the person's license is no longer 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” period.

 

Persons arrested for operating a motor vehicle while intoxicated by the use of a controlled substance or refusal to submit to testing are ineligible for an ignition interlock restricted driving permit.

 

Exemptions: Employer.
 

California Vehicle Code §§ 14601.2, 23556,


Vehicle Code §§13352(a) and 23575(f)(1)
 

The court may require that a person convicted of a first DUI offense install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with BAC of 0.15 percent or more, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed 3 years from the date of conviction.

 

Exemptions: Employer, medical.

Colorado §42-2-132.5

§42-2-125 (2.3)-(2.4)

§42-2-132.5(1.5)

For a first offense, offender's license will be revoked for 9 months, with the option after 1 month, to install an ignition interlock device and receive a limited license.

 

A person with greater than BAC of 0.17 is classified as a “persistent drunk driver” and must use an ignition interlock for at least 1 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 5-year period, an offender must install ignition interlock devices on the vehicles that person drives and is required to hold a restricted license for at least 1 year prior to full license reinstatement.

 

A person who has had his driving privileges revoked for more than 1 year either for (1) driving while either impaired, under the influence or illegal per se or (2) an admin 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 1 year or the total time period remaining on the license restraint prior to early reinstatement.”

Connecticut* §14-227j

§14-227a(i)

§53a-56b
 

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 45 days of such suspension, and such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person.

 

For a first DUI offense, the driver is prohibited from operating the vehicle for 1 year, after the 45 day suspension period, without the ignition interlock device. For a second offense within 10 years, the driver may not operate a vehicle for 3 years, after the 45 day suspension period, without an approved ignition interlock device.

Delaware*

21 §4177(e)

21 §§2702(e) and
§4177F

21 §4177G
 

All persons convicted of an offense must participate in the Ignition Interlock Device Program. 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 1 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 2 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 6 months.

District of Columbia 50-2201.05a

Available for second or subsequent conviction.

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 1 year upon a second conviction if driver qualifies for a permanent or restricted license and for at least 2 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 18 years of age, the person shall have the ignition interlock device installed for 6 months for the first offense and for at least 2 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 6 months. In addition, the licensing agency may require any person seeking reinstatement of their driving privileges to use an ignition interlock device on their vehicle. This requirement can apply to either occupational restricted or regular driving privileges.

 

Exemptions: Medical.

Georgia

§40-6-391(c)(1)(E)

§§42-8-111 and 42-8-112

§42-8-112(b)(3)

§40-5-64(c.1)(2)
 

Second and subsequent offenders on probation must install ignition interlock devices on all of the vehicles they own and only operate vehicles equipped with such devices. Use begins when the offender is issued limited driving privileges and must last for at least 12 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 of the use of an ignition interlock device for 6 months after the probationary license has been issued.

 

An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely; to work, to school, regularly scheduled sessions or meetings of treatment support organizations, and monthly monitoring visits with the permit holder's ignition interlock device service provider.

 

If a court grants an exemption from the ignition interlock device requirements, such person shall not be eligible for a limited driving permit or any other driving privilege for a period of one year.

 

Exemptions: Financial hardship.

Guam  

No laws available at this time.

Hawaii* 2008 H.B. 3377

For first offense: 1 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 5 years or first conviction if Highly Intoxicated: A 2 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.

 

Exemptions: Employer.

Idaho

§18-8004A(2)(d) and (3)(e)

§18-8004C(2)(e)

§18-8005(4)(f) and (5)(e)

§18-8008(1) and (2)
 

For any person under 21, a second and subsequent offense requires ignition interlock for not less than one year following the mandatory license suspension period.

 

Ignition interlock installation is mandatory following the mandatory license suspension period for second and subsequent violators who had BAC over 0.20 at time of arrest.

Any person who has been found guilty of DUI within the prior 10 years, installation of an ignition interlock is mandatory.

Illinois 625 ILCS 5/11-501.01

The court shall require any persons who are convicted of DUI to equip any motor vehicle the person operates with an ignition interlock device during the period of statutory license suspension. Other than offenders that must drive to and from a farm, or operate a tractor while working on a farm, DUI offenders will be automatically issued an ignition interlock device. They may decline the device, but without it, the offender will face increased penalties.

 

Exemptions: Employer.

Indiana IC 9-30-8-1 and
9-30-5-16

IC 9-30-5-10(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 of law also provide that a person convicted of an illegal per se/intoxicated offense (within 5 years or within 10 years but more than 5 years of a previous conviction) may be granted probationary (restricted) driving privileges on the condition that the person only operate 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.

 

A second or subsequent offender, 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 they own for 1 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) they operate as a condition for obtaining a restricted license.

 

A person who tampers with or circumvents an ignition interlock device installed as required in this chapter and while the requirement for the ignition interlock device is in effect commits a serious misdemeanor.

Kansas*

§8-1014(b)(2)

§§8-292 and 8-1015
 

First offense, BAC over 0.08: a 30-day suspension followed by 6 months of ignition interlock device if your record is clear OR 12 months of interlock if you have a prior open container violation or three or more moving violations.

 

Failure of a breath test with a result of BAC over 0.15 the first time, or over 0.08 on a second or subsequent occurrence is a 1 year suspension followed by ignition interlock (length of interlock is dependent on priors).

 

Refusal of a breath, blood or urine test is a 1 year suspension, followed by ignition interlock requirement (length of interlock is dependent on priors), regardless of how many prior Kansas DUI occurrences a person has.

 

Those that are required to install ignition interlocks for 10 years may petition the court after 5 years to have it removed.

 

Driver with an ignition interlock can drive vehicle only for the purposes of getting to and from: Work, school or an alcohol treatment program; and the ignition interlock provider for maintenance and downloading of data from the device.

 

Tampering or circumventing the ignition interlock device is a class A, nonperson misdemeanor: first conviction, restriction extended 90 days; second or subsequent conviction, restart the original restriction period.

 

Exemptions: Employer.

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 following license revocation: first offense – 6 months; second offense (within 5 years) – 12 months; third or subsequent offense (within 5 years) – 30 months.

 

Second or subsequent offenders must wait at least 1 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 be conditioned on the offender operating motor vehicles equipped with ignition interlock devices.

 

Exemptions: Employer.

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 to be issued a restricted license.

 

First offense with a BAC of 0.20 or more results in suspension for at least 2 years. But a restricted license may be granted during the entire period of suspension with installation of ignition interlock.

 

Exemptions: Employer.

Maine

29-A §2412-A, sub-§7

29-A §2411

29-A §2508

As a condition of license reinstatement the Secretary of State may require a person to install in the motor vehicle the person operates for a period of up to 2 years an ignition interlock device. The license of a person with one OUI offense may be reinstated after 30 days of the suspension period has run if the person has installed for a period of 150 days or the length of time remaining for a an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.

 

The license of a person with 2 OUI offenses, convictions or adjudications may be reinstated after 2 years if the person installs for a period of 9 months an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates. The license of a person with 3 OUI offenses, convictions or adjudications may be reinstated after 3 years if the person installs for a period of 3 years an ignition interlock device. The license of a person with 4 or more OUI offenses, convictions or adjudications may be reinstated after 4 years if the person installs for a period of 4 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.

Maryland

Crim. Proc. §6-221

Tran. §27-107

Tran. §27-108

Tran. §16-404.1

Tran. §16-404(c)(3)

Tran. §16-404.1(4)(i)

Tran. §16-404.1(b)(4)(iii) 
 

As a condition of probation, the court may order a defendant for 1-3 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 1 year.

 

The licensing agency may establish an ignition interlock program for persons who have been 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 fourth or subsequent offender is considered an “habitual offender” and he cannot have his driving privileges restored until he has participated in this program for at least 24 months.

 

Exemptions: Employer.

Massachusetts 90§24 (1)(c)(2)

Offenders with more than one drunken-driving conviction are required to install an ignition interlock device on their vehicles for a period of 2 years as a condition of having their licenses reinstated.

Michigan

§257.322(6), (7), (8) and (9)

§257.625 (24)

A person who has had his 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 1 year.

Interlocks required for first-time DUI offenders convicted with a BAC of 0.17 or above.

 

Exemptions: Employer.

Minnesota §171.306

§169A.275 (7)
 

A judge is not required to sentence a person as provided in this section if the judge requires the person as a condition of probation to drive only motor vehicles equipped with an ignition interlock device meeting the standards described in section 171.306. First offenders may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction.

 

Second or subsequent offenders may apply for a limited license, subject to the ignition interlock restriction, if the program participant is enrolled in a licensed chemical dependency treatment or rehabilitation program as recommended in a chemical use assessment, and if the participant meets the other applicable requirements of section 171.30.

 

Tampering or attempting to circumvent the interlock system: 180 days for a first violation; 1 year for a second violation; or 545 days for a third and each subsequent violation.

 

Exemption: Employer. Exception not allowed for violations causing bodily harm.

Mississippi*

§63-11-30 (2)(f)

 

§63-11-31(2)
 

For the first offense, the offender will have license suspended for 90 days and until such person attends and successfully completes an alcohol safety education program.  However, in the court’s discretion, the license may be suspended for 30 days and the offender must operate a vehicle under an ignition interlock restricted license for 90 days following the mandatory thirty day suspension.

 

Upon a second offense, the license shall be suspended for a period of 45 days. The offenders license will not be restored following the mandatory suspension, unless, the person holds an ignition interlock restricted license for one year.

 

Upon a third offense, the license will be suspended for a mandatory two years.  Following the 2 years, offenders will not be eligible to drive unless they hold an ignition interlock restricted license for 3 years following the release of incarceration.

 

The court may impose an ignition interlock restriction for up to four years for a violation resulting in the serious bodily harm or death of another.”

 

Exemption: Employer.

Missouri V.A.M.S. 302.304

V.A.M.S. 577.600

When license is suspended or revoked ignition interlock is required to be maintained on all motor vehicles operated by the person for a period of not less than 6 months immediately following the date of reinstatement.

 

A court may require that any person who is found guilty of or pleads guilty to a first intoxication-related traffic offense, and a court shall require that any person who is found guilty of or pleads guilty to a second or subsequent intoxication-related traffic offense, shall not operate any motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a period of not less than 6 months from the date of reinstatement of the person's driver's license.

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 only operate 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

§60-498.01(10) and (11)
 

At the expiration of 30 days (60 days if test refused) 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 1 year and has completed at least 1 year of such revocation.

 

Those without prior records may operate their ignition interlock equipped vehicle only to work, school, a substance abuse treatment center, a parole meeting, to a healthcare facility, or to community service.

 

Those with a record may only drive to school, work, or to a treatment facility.

 

Persons under 18 years of age shall not be eligible for an ignition interlock permit.

 

Tampering or attempting to circumvent the interlock shall, in addition to any possible criminal charges, have his or her revocation period and ignition interlock permit extended for 6 months beyond the end of the original revocation period.

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 – 3 to 6 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 6 months to 2 years following license reinstatement.

Interlock device 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)

§39:4-50.17
 

A first time offender with a BAC greater than 0.15 must install an ignition interlock device. Installation is mandatory for 6 months after the required period of license suspension has been served.

 

After license suspension period has been completed, a person may be required to install an ignition interlock device on all of the motor vehicles he owns or operates. The device must be installed for the following periods: first offense—discretionary 6 months to 1 year (6 months required usage if ignition interlock use ordered); second or subsequent offense—mandatory ignition usage for 1 (mandatory) to 3 years.

New Mexico*

§66-8-102(N)

§66-5-35(A)(3) and (C) §66-5-29 C
 

Persons 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:

  • a period of 1 year, for a first offender;
  • a period of 2 years, for a second conviction;
  • a period of 3 years, for a third conviction;
  • for life for a fourth or subsequent conviction, except that 5 years from the date of conviction and every 5 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)

Ignition interlock is required for all offenses during period of license revocation or a minimum of 6 months and thereafter by court order.

 

Exemptions: Employer.

North Carolina

§§20-17.8(a), (b) and (c)

§20-179.3(g3) and (g5)

§20-17.8(c)
 

Persons 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 0.16 or if the person is a second or subsequent offender (within 7 years).

 

After license restoration, required ignition interlock usage is as follows: 1 year if license revocation was for 1 year; 3 years if license revocation was for 4 years; and 7 years if the license was permanently revoked but can be restored.

 

Tampering or attempting to circumvent the interlock system is a Class 1 misdemeanor.

 

Exemptions: Financial hardship, medical.

North Dakota

§39-06.1-11

§39-08-01.3

The court or driver licensing agency may order a defendant to install an ignition interlock device on his vehicle. This requirement applies to the issuance of temporary restricted driving privileges.
Ohio

§4510.43

§4510.44

§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 only operate 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 greater than 0.15. Such a conviction, or a refusal to take a chemical test, requires ignition interlock use for a minimum of 30 days.

 

After a period of license revocation, as a condition of modification, the driver must agree, except in certain circumstances, to only operate motor vehicles that are equipped with an ignition interlock device. The motor vehicles department will issue a new driver’s license with the words “Interlock Required” on it.

 

For a first time offender, with a BAC greater than 0.15, or chemical test refusal, once their initial license revocation period is finished, they will be required to have an ignition interlock device for 1.5 years, or until their driving privileges would normally be reinstated, whichever is longer. For a second time offender, the interlock period is 4 years, or until driving privileges are to be reinstated, whichever is longer.

 

For a third or subsequent offense, the period is 5 years or until their license would be normally reinstated, whichever is longer.

 

Exemptions: Employer.

Oregon*

§§813.602(1)(a), (1)(b) and (2)

§813.606

§813.602
 

Persons convicted of DWI offenses shall have an ignition interlock device installed in their vehicles prior to being issued a hardship license.

 

First offenders must operate motor vehicles equipped with ignition interlock devices for 1 year after the end of the license suspension or revocation period; second or subsequent offenders must operate with an interlock device for 2 years after the ending date of the suspension or revocation caused by the conviction.

 

When a person is convicted of a crime or multiple crimes, the department shall require that the person install and use an approved ignition interlock device in any vehicle operated by the person for 5 years after the ending date of the longest running suspension or revocation caused by any of the convictions (crimes include driving under the influence and: Any degree of murder; manslaughter in the first or second degree; criminally negligent homicide; assault in the first degree; aggravated vehicular homicide)

 

The court may require the use of an ignition interlock device as part of a diversion agreement.

 

Exemptions: Medical, employer.

Pennsylvania 75 §3805(a)

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 1 year following license reinstatement.

 

Exemptions: Financial hardship.

Puerto Rico   No laws available at this time.
Rhode Island

§§31-27-2(d)(2) and (3)

§31-27-2.8

Beginning January 1, 2015, convicted DUI offenders with a blood alcohol content at 0.15 or above, repeat DUI offenders and offenders who repeatedly refuse BAC tests must install ignition interlock devices. Third or subsequent offender may be required to use these devices for 2 years. Requirements begin following the completion of any incarceration period.

 

Exemptions: Employer.

South Carolina §56-5-2941

The Department of Motor Vehicles must require the person, if a subsequent offender, to install an ignition interlock device. The DMV may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device. The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is 2 years for a second offense, 3 years for a third offense, and the remainder of the offender's life for a fourth or subsequent offense.

 

Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that an interlock device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle's records for offenses.

 

In addition, first time DUI offenders with a BAC < 0.15 are required to install an ignition interlock device for six months. DUI offenders who cause great bodily harm to another must obtain an ignition interlock restricted license for three years; five years for causing death. DUI offenders convicted of child endangerment must install an ignition interlock device for three months.”

 

Exemptions: Financial hardship, medical, employer.

South Dakota § 1-11-24

The Attorney General, may promulgate rules for the administration of and provide for procedures and apparatus for testing including electronic monitoring devices and ignition interlock devices.

Tennessee* 55-10-404

§55-10-409
 

§55-10-412
 

§55-10-403(a)(1)(A)(iii)


 

A person convicted of any DUI offense, when applying for and the court orders the issuance of a restricted motor vehicle operator’s license, must operate only a motor vehicle that is equipped with a functioning ignition interlock device.  The order is a condition of probation if at the time of the offense, the defendant:

(1) Has a blood or breath alcohol concentration of 0.08 percent or higher;
(2) Is accompanied by a person under 18 years of age;
(3) Is involved in a traffic accident for which notice to law enforcement is required under present law and the accident is the proximate result of the person's intoxication; or

(4) Is in violation of the implied consent law, and has a conviction or juvenile delinquency adjudication for a violation that occurred within five years of the instant implied consent violation, for implied consent, underage driving while impaired, the open container law, or reckless driving if the charged offense was DUI.

 

An ignition interlock device must be in operation during the entire time period a restricted license is effectuated and must continue to be in operation six months after the license revocation period has expired. The license suspension periods are the following:

(1)First offense: one year

(2) Second offense: two years

(3) Third offense: six years

(4) Fourth or subsequent offense: eight years.


If a person convicted of a DUI has a prior DUI conviction within the past five years, then, after the revocation period, the person may only operate only a motor vehicle that is equipped with a functioning interlock device for one year and such requirement is a condition of the person's probation. For a second DUI violation within ten years, the instillation of an ignition interlock device is mandatory.


No geographic restriction requirements for restricted licenses.

 

Exemption: Employment.

Texas

Penal Code §49.09(g)

§521.241 et seq.

Code of Criminal Procedure
42.12
 

For second or subsequent offenses or BAC greater than 0.15: The court must order offender to install ignition interlock devices on all of the motor vehicles he owns for 1 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 only operate 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 only operate vehicles that are equipped with ignition interlock devices.

 

Exemption: Employer.

Utah*

§41-6a-518.2

§41-6-44(15)
 

An offender is required, as a condition of probation, only to operate motor vehicles that are equipped with ignition interlock devices. The person’s license will be suspended pending completion of the period with the interlock device.

 

If the defendant had a BAC of 0.16 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.

 

Exemption: Employer.

Vermont

Sec. 4. 23 V.S.A. §1205

Sec. 2. 23 V.S.A. §1213
 

First offender may be eligible for ignition interlock restricted driver’s license after 30 days of a 90 day suspension. For second offense, the offender may be eligible for an ignition interlock restricted driver’s license after 90 day of the 180 day sentence.

 

Persons who elect to obtain an ignition interlock RDL following a conviction under this subchapter when the person's BAC is 0.16 or more shall be required to install an ignition interlock device with a Global Positioning System feature.

 

Tampering or attempting to circumvent the interlock is a criminal offence and if convicted the period of use is extended by 6 months.

Virginia*

§18.2-270.1

§18.2-270.2

§46.2-360

§46.2-391
 

For first offense and subsequent offenses, the court shall 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 for any period of time not to exceed the period of license suspension and restriction, not less than 6 consecutive months without alcohol-related violations of the interlock requirements.

 

Tampering or attempting to circumvent an interlock is a Class 1 misdemeanor.

 

Exemption: Employer.

Washington*

§46.20.740

§46.20.385 
 

The court shall order any person convicted of an alcohol-related violation or an equivalent local ordinance to apply for an ignition interlock driver's license and to have a functioning ignition interlock device installed on all motor vehicles operated by the person. The court may also order the installation of an interlock device for a driver that is convicted of reckless or negligent driving within 7 years of an alcohol related driving offense. An ignition interlock may be required for reckless or negligent drivers without a prior DUI conviction. An ignition interlock device will be required for any driver convicted of vehicular homicide while driving under the influence. If a minor passenger was in the vehicle at the time of the DUI offense, the use of an ignition interlock device is extended by six months.

 

The court may waive the requirement that a person obtain an ignition interlock driver's license and operate only vehicles equipped with a functioning ignition interlock device if the court makes a specific finding in writing that the devices are not reasonably available in the local area, that the person does not operate a vehicle, or the person is not eligible to receive an ignition interlock driver's license.

 

For a person who has not previously been restricted, the device shall be installed for a period of 1 year; for a second restriction, a period of 5 years; for a third or subsequent restriction, a period of 10 years. The driver may apply for day-for-day credit towards the period of license revocation for use of an interlock device, as long as the device is installed in all non-exempt vehicles the driver operates.

 

A person receiving an ignition interlock driver's license waives his or her right to a hearing or appeal under RCW 46.20.308. If a minor passenger was in the vehicle at the time of the DUI offense, the use of an ignition interlock device is extended by six months.

 

Exemption: Employer.

West Virginia*

17C-5A-3a

An individual convicted of driving under the influence must participate in the State’s Alcohol Test and Lock Program (ATLP). Part of the ATLP is use of an ignition interlock device (IID). Within sixty (60) days of installing an IID through a state-approved service provider, individuals must enroll in the ATLP. An IID must be installed on all vehicles owned or operated by the offender.

 

An ignition interlock device must be installed for the following time periods:

(1) First time offender with a BAC between .08 and .15: at least one hundred and twenty five days.

(2) First offense for refusing a test: at least one year.

(3)First offense with a BAC < .15: at least two hundred and seventy days.

(4) First offense resulting in the death of another person: at least two years.

(5) First offense resulting in serious bodily harm to another person: at least one year.

 (6) First offense with a minor in the vehicle: at least ten months.

 

Subsequent admin per se violation or DWI offense and second or subsequent refusal:The ignition interlock must be used for 2 years.

 

Wisconsin §§343.301(1) and (2) and
343.305(10m)
 

For a second or subsequent offense (within 5 years), a person’s vehicles must be immobilized or equipped with an ignition interlock device for not less than 1 year nor more than the maximum period of license revocation.

 

Ignition interlock usage starts 1 year after the revocation period.

 

The DOT must limit the occupational license of a person who has 2 or more prior violations to operating only vehicles equipped with an ignition interlock device, regardless of whether a court has ordered every vehicle that is titled or registered in the offender's name to be equipped with such a device.

 

Interlocks mandatory for a minimum of 1 year if the person has a BAC of 0.15 or more.

 

Exemption: Financial hardship.

Wyoming

§31-5-233

§31-6-102
 

For a first conviction where the conviction is based on the person having BAC of 0.15 or more, operate only vehicles equipped with an ignition interlock device for a period of 6 months from the date of conviction;

 

For a second conviction, operate only vehicles equipped with an ignition interlock device, for a period of 1 year from the date of conviction;

 

For a third conviction, operate only vehicles equipped with an ignition interlock device, , for a period of 2 years from the date of conviction;

 

For a fourth or subsequent conviction, operate only vehicles equipped with an ignition interlock device, for the remainder of the offender's life, except 5 years from the date of conviction and every 5 years thereafter, the offender may apply to the court for removal of the ignition interlock device required by this paragraph. The court may, for good cause shown, remove the ignition interlock device requirement if the offender has not been subsequently convicted of driving a motor vehicle in violation of this section or other law prohibiting driving while under the influence.

 

If a person fails to submit to all required chemical tests requested by the peace officer shall result in the suspension of his Wyoming driver's license or his privilege to operate a motor vehicle for a period of 6 months for a first offense or 18 months for a second or subsequent offense and he may be required to drive only vehicles equipped with an ignition interlock device.

 

Exemption: Employer.

*  Requires ignition interlock installation for all DUI offenses, including first time offenses.

Sources: NHTSA 2007, NCSL, 2014.

Source: National Conference of State Legislatures, 2014. The above abstracts state statutes/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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