§291E-66 Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock

360 words·~2 min read·/hi/291e-66

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§291E-66 Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; penalties.

(a)No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly circumvent or tamper with an ignition interlock device in any way, including but not limited to:

(1)Requesting, soliciting, directing, or authorizing another person to blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has been restricted by law to operating only a vehicle so equipped;

(2)Tampering with an ignition interlock device with the intent to render it inaccurate or inoperable;

(3)Obscuring a camera lens associated with an ignition interlock device; or

(4)Failing to provide a picture of the driver.

(b)Any person required under subsection

(a)to drive using an ignition interlock device who violates subsection

(a)shall be sentenced without possibility of probation or suspension of sentence as follows:

(1)For a first offense, or any offense not preceded within a ten-year period by conviction under this section or section 291E-62(a)(3):

(A)A term of imprisonment of no less than three consecutive days and no more than thirty days;

(B)A fine of no less than $250 and no more than $1,000; and

(C)Loss of the privilege to operate a vehicle equipped with an ignition interlock device;

(2)For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-62(a)(3):

(A)Thirty days imprisonment;

(B)A $1,000 fine; and

(C)Loss of the privilege to operate a vehicle equipped with an ignition interlock device; and

(3)For an offense that occurs within ten years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof:

(A)One year imprisonment;

(B)A $2,000 fine; and

(C)Loss of the privilege to operate a vehicle equipped with an ignition interlock device. [L 2010, c 166, pt of §2; am L 2022, c 94, §3]