HF 2325

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; providing for use of ignition interlocks by DWI
offenders; amending Minnesota Statutes 2006, section 171.305.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 171.305, is amended to read:

171.305 IGNITION INTERLOCK DEVICE.

Subdivision 1.

Definition.

"Ignition interlock device" or "device" means breath
alcohol ignition equipment designed to prevent a motor vehicle's ignition from being
started by a person whose alcohol concentration exceeds the calibrated setting on the
device.

Subd. 3.

Performance standards.

deleted text begin The commissioner shall specify performance
standards for ignition interlock devices, including standards relating to accuracy, safe
operation of the vehicle, and degree of difficulty rendering the device inoperative. deleted text end
The interlock ignition device must be designed to operate from a 12-volt DC vehicle
battery and be capable of locking a motor vehicle's ignition when a minimum alcohol
concentration of 0.020 grams of ethyl alcohol per 210 liters of breath is introduced into the
device. The device must also require a breath sample to determine alcohol concentration
at variable time intervals ranging from five to 30 minutes while the engine is running.
new text begin The interlock device must have the capability to identify the motorist who provides a
breath sample, either by taking a photo of that individual, or by employing other biometric
technology that will specifically identify the person providing the breath sample. new text end The
device must also be capable of recording information new text begin , and photographs or other biometric
markers, new text end for later review that includes the date and time of any use of the vehicle or
any attempt to use the vehicle, including all times that the vehicle engine was started
or stopped and the alcohol concentration of each breath sample provided. new text begin The person
who provides the ignition interlock device (provider) shall submit monthly reports to the
designated monitoring authority after each calibration, as well as making all data available
to the designated monitoring authority. The provider must agree to maintain all documents
(including calibration reports, maintenance records, and other necessary documents),
electronically or otherwise, during the entire period of time that the motorist is required
to use an interlock device. The provider shall perform a monthly physical inspection of
the ignition interlock device to ensure proper installation and to prevent circumvention or
tampering with the ignition interlock device.
new text end

Subd. 4.

Certification.

The commissioner shall certify ignition interlock devices
that meet the performance standards and may charge the manufacturer of the ignition
interlock device a certification fee. deleted text begin A manufacturer who submits a device for certification
must provide an application for certification on a form prescribed by the department deleted text end new text begin
Devices that have been certified by an independent laboratory to comply with National
Traffic Highway Safety Administration specifications and comply with any additional
standards in subdivision 3, must qualify for certification under this section new text end .

Subd. 5.

Issuance of limited license.

new text begin Unless an individual's privileges have been
withdrawn for another reason, new text end the commissioner deleted text begin may deleted text end new text begin shall new text end issue a limited license to a
person whose driver's license has been canceled and denied due to an alcohol or controlled
substance-related incident under section 171.04, subdivision 1, clause (10), under the
following conditions:

(1) at least one-half of the person's required abstinence period has expired;

(2) the person has successfully completed chemical dependency treatment and
is currently participating in a generally recognized support group based on ongoing
abstinence; deleted text begin and
deleted text end

(3) the person agrees to drive only a motor vehicle equipped with a functioning and
certified ignition interlock device deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) the person agrees to provide five letters, which must document the person's
abstinence from alcohol and controlled substances, from people who meet the guidelines
set forth by rule of the commissioner;
new text end

new text begin (5) the person agrees to provide the license number of a vehicle that the person
intends to drive, along with a statement that the applicant agrees to only drive a vehicle
with an ignition interlock device installed; and
new text end

new text begin (6) the person agrees to drive to any applicable driver evaluation site to meet with
a designated driver evaluator and also any location that is necessary to calibrate the
ignition interlock device.
new text end

Subd. 6.

Monitoring.

The ignition interlock device must be monitored for proper
use and accuracy by an entity approved by the commissioner.

Subd. 7.

Payment.

The commissioner shall require that the person issued a limited
license under subdivision 5 pay all costs associated with use of the device. new text begin A provider
shall, at the time of payment for services, collect a user fee of three percent of the costs,
which must be remitted to the state for the purpose of funding compliance monitoring.
new text end

Subd. 8.

Proof of installation.

A person approved for a limited license must
provide proof of installation prior to issuance of the limited license.

Subd. 9.

Misdemeanor.

(a) A person who knowingly lends, rents, or leases a motor
vehicle that is not equipped with a functioning ignition interlock device to a person with a
limited license issued under subdivision 5 is guilty of a misdemeanor.

(b) A person who tampers with, circumvents, or bypasses the ignition interlock
device, or assists another to tamper with, circumvent, or bypass the device, is guilty
of a misdemeanor.

(c) The penalties of this subdivision do not apply if the action was taken for
emergency purposes or for mechanical repair, and the person limited to the use of an
ignition interlock device does not operate the motor vehicle while the device is disengaged.

Subd. 10.

Cancellation of limited license.

The commissioner shall cancel a limited
license issued under this section if the device registers a positive reading for use of alcohol
or the person violates any conditions of the limited license.