311 IGNITION INTERLOCK PROGRAM

311.1

1. (a) The ignition interlock program allows for reduction of the revocation periods imposed by §§ 306.4, 306.6 and 306.7 of this title by permitting an offender of driving under the influence laws to obtain a restricted driver license.
2. (b) A person shall remain in the ignition interlock program throughout the revocation period imposed, and for any additional time imposed by the Director pursuant to § 311.15(b).

311.2

For the purposes of this section, the terms certified ignition interlock device and certified provider mean such devices and providers as are certified by the Department pursuant to § 312 of this title.

311.3

Upon having his or her driver license revoked pursuant to §§ 306.4, 306.6 or 306.7 of this title, a person may apply for participation in the ignition interlock program on a form provided by the Director.

311.4

No person may be accepted into the ignition interlock program if he or she has:

1. (a) A prior conviction for causing injury or death while operating a motor vehicle in any jurisdiction; or
2. (b) Failed to successfully complete the District of Columbia ignition interlock program or the ignition interlock program of another jurisdiction within five (5) years prior to the date of the application, except as allowed in the discretion of the Director pursuant to § 311.24. For purposes of this section, “failed to successfully complete” means the person was either terminated from or voluntarily withdrew from an ignition interlock program prior to completion.

311.5

In addition to any other information required by the Director, the applicant shall identify the make, model, and registration number of all vehicles the applicant will be using during program participation, and with respect to each such vehicle provide:

1. (a) A copy of the title and registration issued by the Department and, if leased, a valid lease agreement;

2. (b) The names, addresses, and social security numbers of all persons authorized to use the vehicles;

3. (c) The name and address of the registered owners other than lessors and the applicant;

4. (d) A release form approved by the Director and signed by all persons identified in response to (c), authorizing the revocation of their vehicle's registration should the applicant withdraw or be terminated from the program;
5. (e) The name and address of the certified ignition interlock provider that installed the device and, if different, the name and address of the authorized service center where the vehicle will be brought pursuant to § 311.8; and
6. (f) Written verification from the certified ignition interlock provider that a certified ignition interlock device has been installed and that the applicant and all persons identified in (b) have received training in the use of the device.311.6 The decision of the Director to deny an application is not subject to a hearing or other administrative review.311.7 If the Director, in his or her discretion, grants the application, the applicant, upon satisfaction of all other prerequisites and the payment of the applicable fees, will receive a restricted license. The license restrictions will prohibit him or her from driving any vehicle other than those identified in the application and only if the vehicles remain equipped with properly functioning ignition interlock devices. The Director may impose such other conditions as he or she deems appropriate. The restriction and conditions shall remain in place for one year in accordance with this section.311.8 No later than thirty (30) days after the date on which the application was granted, and every thirty (30) days thereafter, the vehicle(s) identified in the application shall be brought to the service center identified in the application for servicing to include downloading of information from the device. If the service center is closed on the date on which service is required, the vehicle shall be brought for service on the next business day.311.9 The Director, in his or her discretion, may grant a one-time exemption to the servicing requirement established in § 311.8 upon a written request and for good cause shown.311.10 The Director shall suspend the registration of any vehicle not serviced within five (5) days after a servicing date, until the participant proves compliance with § 311.8. The Director may terminate the participant from the program if the vehicle

is not serviced within ten (10) days after the servicing date.

311.11 A participant shall only operate a vehicle identified in the application and only if the vehicle remains equipped with a properly functioning device, approved for use under this program.311.12 A participant shall abide by the terms and conditions of the service agreement with the ignition interlock service provider, including the payment of all costs and fees associated with the program.311.13 A participant shall be deemed to be in violation of the ignition interlock program requirements if the individual:- (a) Receives a suspension, revocation, or cancellation of his or her restricted driver license or driving privilege;

- (b) Has the ignition interlock device installed in a vehicle with an expired or invalid registration;

- (c) Removes the ignition interlock device without prior approval from the Director;

- (d) Operates a vehicle that was not listed in the application filed under § 311.5 and approved by the Director;

- (d) Operates a vehicle with knowledge that the ignition interlock device is not functioning properly and accurately;

- (e) Tampers with, bypasses, damages, removes, or renders the ignition interlock device inoperable or allows another individual to tamper with, bypass, damage, remove, or render the ignition interlock device inoperable;

- (f) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, as measured by the ignition interlock device, unless there is a subsequent breath alcohol concentration reading below 0.026 percent within five (5) minutes thereafter;

- (g) Fails to submit to a breath alcohol concentration retest after starting the vehicle;

- (h) Fails to take each vehicle identified in the application to a servicing appointment as required by § 311.8;

1. (i) Fails to abide by the terms and conditions of the participant's agreement with the approved certified service provider;
2. (j) Allows another individual to blow into the ignition interlock device before the participant operates the vehicle or while the participant is operating the vehicle;
3. (k) Fails to maintain proof of financial responsibility;
4. (l) Fails to comply with 18 DCMR § 306.11 in the time period set forth by the Director; or
5. (m) Participates in any other act or use of the ignition interlock device that poses a threat to public safety.

311.14 A participant shall not allow any other individual to blow into the device, unless that individual will be operating the vehicle.

311.15

1. (a) The Director may terminate a participant from the ignition interlock program for any violation listed in § 311.13.
2. (b) Instead of terminating a participant from the ignition interlock program for a violation listed in § 311.13, the Director may require the participant to serve an additional sixty (60) days in the program for the participant's first violation, ninety (90) days for the participant's second violation, and one hundred and twenty (120) days for each subsequent violation.
3. (c) The additional period set forth in subparagraph (b) shall extend the time the participant is required to remain in the ignition interlock program beyond the revocation period.

311.16 A participant shall be presumed to be the person whose blood alcohol level was detected by a device installed in a vehicle identified on their application.

311.17 A participant shall be presumed to have operated, or to have attempted to operate their designated vehicle whenever the installed device detects a level of alcohol in their blood.

311.18 [REPEALED.]

311.19 [REPEALED.]

311.20 Prior to termination from the ignition interlock program or the imposition of any penalties pursuant to § 311.15, the participant shall be given ten (10) days written

notice and an opportunity to request a hearing by the Director or the Director's designee. The request for a hearing shall be in writing. Failure to timely request a hearing shall waive any rights to such hearing. The hearing shall be informal, and may be conducted in person, by telephone, by mail, or through the internet, and shall be limited to the issue of whether or not the offense was committed. Documentation from the ignition interlock device, an approved certified service provider, a court, an administrative agency, or a law enforcement official shall be prima facie evidence that the offense was committed.

311.21 The Director shall revoke the driver license of a person who unsuccessfully participates in the ignition interlock program. The license revocation period shall be for the full period of time provided by §§ 306.4, 306.6 or 306.7, whichever is applicable, without credit for any time served, as well as any extension period imposed by the Director pursuant to § 311.15(b).

311.22 The Director shall revoke the registration of all vehicles identified in the application of a participant who unsuccessfully participates in the ignition interlock program. The period of revocation shall be concurrent with the period of time during which the participant's driver license is revoked.

311.23

(a) If a participant fails to successfully complete the ignition interlock program, the person may request that the Director allow re-enrollment and re-entry into the program no earlier than thirty (30) days from the date the participant was terminated or withdrew from the program.

(b) If a participant failed to successfully complete an ignition interlock program in another jurisdiction, the person may request that the Director allow him or her to enroll in and enter the District of Columbia ignition interlock program no earlier than thirty (30) days from the date the participant was terminated or withdrew from the program.

(c) The decision to allow a participant to enter or re-enter the program pursuant to this subsection is within the discretion of the Director, and is not subject to review.

311.24 A participant who re-enters the ignition interlock program pursuant to § 311.23(a) shall not be credited for time served, and shall be required to participate in the ignition interlock program for the full period of time that was originally imposed, as well as any additional time imposed by the Director pursuant to § 311.15.

311.25 An applicant entering the ignition interlock program pursuant to § 311.23(b) shall not be credited for time served, and shall be required to participate in the ignition interlock program for either the full period of time that would have been imposed if the offense had occurred in the District, or the period of time remaining to be

served in the former jurisdiction, whichever is greater.

311.26 If the applicant’s driver license was revoked pursuant to §§ 306.6 or 306.7, and the applicant seeks admittance into the ignition interlock program more than six (6) months after revocation, he or she will be required to pass the written knowledge test and the road test.

SOURCE: Final Rulemaking published at 53 DCR 7218 (September 1, 2006); as amended by Final Rulemaking published at 61 DCR 9332 (September 12, 2014).