Bill > HSB618

Introduced Session

Under current law, a person whose driver’s license is revoked for operating while intoxicated (OWI) is required to install an ignition interlock device (IID) prior to being issued a temporary restricted license (TRL) by the department of transportation (DOT). The IID must be installed on every vehicle owned or operated by the person, or every vehicle operated by the person if the person has had no previous conviction or revocation under Code chapter 321J. This bill instead requires an IID to be installed only on every vehicle operated by a person, regardless of previous convictions or revocations. Current law requires the department of public safety to establish by rule the level of alcohol concentration beyond which an IID will not allow operation of the motor vehicle in which it is installed (.025 under 661 IAC 158.6). The bill specifies the minimum level of alcohol concentration is .04. Current law also requires a person with a second or subsequent driver’s license revocation for OWI to install an IID for a minimum of one year after reinstatement of a driver’s license other than a TRL. The one-year period may be offset by any time a person had an IID installed on the person's vehicle while operating with a TRL. The bill expands that provision. After reinstatement of a driver’s license other than a TRL, a person with no previous revocation under Code chapter 321J must maintain an IID for 180 days. H.F. _____ These IID periods may be extended based on compliance-based removal (CBR) provisions. The period of time a person is required to maintain an IID will be extended by 60 days each time an IID detects 10 or more violations within a 30-day period, five or more violations within a 24-hour period, tampering with or attempting to circumvent the IID, or removing the IID without authorization. The IID provider must generate and submit a compliance report to the DOT no earlier than the date on which the period of time a person is required to maintain an IID for driver’s license reinstatement ends, and no later than seven business days following that date. The IID provider is required to generate and submit a subsequent report to the DOT in this manner based on any subsequent extensions, if any. The bill does not limit the number of times an IID requirement for driver’s license reinstatement for a person may be extended. Under the bill, a violation includes failing to provide a detectable breath sample when prompted by the IID and providing a breath sample with a level of alcohol concentration of .04 or more. However, it is not a violation under CBR if a person provides a detectable breath sample and successfully passes a test immediately following the first failed test or in response to a bypass or circumvention attempt. Under the bill, a person who removes an IID without authorization commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. Current law authorizes the DOT to issue a TRL to a person whose noncommercial driver’s license is revoked as a result of an OWI violation. The TRL allows the person to operate a motor vehicle in any manner allowed for a person issued a valid class C driver’s license, unless otherwise prohibited by Code chapter 321J. The bill prohibits the DOT from issuing such a TRL to a person under the age of 18 whose license was revoked under Code H.F. _____ section 321J.2A. Previously, the prohibition applied to anyone whose driver’s license was revoked under Code section 321J.2A (OWI for persons under 21). The bill authorizes the DOT to adopt rules in accordance with federal law to waive the requirement to install an IID if a person has a verifiable medical condition that makes the person incapable of properly operating an IID. If a person with a verifiable medical condition receives a medical waiver and is issued a TRL, the TRL only authorizes the person to drive from the person’s home to the person’s employment, health care appointments including such appointments for another who is dependent on the person, education programs, substance use disorder treatments, court-ordered community service responsibilities, and appointments with a parole or probation officer. The bill takes effect January 1, 2025, and applies to driver’s license revocations under Code chapter 321J for which the underlying offense occurred on or after that date.

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Other Sponsors (1)

Committee report approving bill, renumbered as HF 2423. (on 02/08/2024)

Official Document