1997 Minnesota Statutes

     171.305 Ignition interlock device; pilot program; 
  license condition. 

    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. 2.    Pilot program.  The commissioner shall 
 establish a statewide pilot program for the use of an ignition 
 interlock device by a person whose driver's license or driving 
 privilege has been canceled and denied by the commissioner for 
 an alcohol or controlled substance related incident.  The 
 commissioner shall conduct the program until December 31, 1995.  
 The commissioner shall evaluate the program and shall report to 
 the legislature by February 1, 1995, on whether changes in the 
 program are necessary and whether the program should be 
 permanent.  No limited license shall be issued under this 
 program after August 1, 1995. 

    Subd. 3.    Performance standards.  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.  

    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. 

    Subd. 5.    Issuance of limited license.  The 
 commissioner may 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 (9), under the following conditions: 

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

    (2) the person has completed all rehabilitation 
 requirements; and 

    (3) the person agrees to drive only a motor vehicle 
 equipped with a functioning and certified ignition interlock 
 device. 

    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.  

    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.    Penalties.  (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. 

    HIST: 1991 c 270 s 6; 1992 c 570 art 1 s 24; 1993 c 347 s 19; 
 1997 c 12 art 3 s 10