311 IGNITION INTERLOCK PROGRAM – ESTABLISHMENT, APPLICATION PROCESS AND PARTICIPATION COMPLIANCE

311.1 There is established an ignition interlock program to allow for a discretionary one-year reduction of the revocation periods imposed by §§ 306.6 and 306.7 of this Title on repeat offenders of driving under the influence laws.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 A repeat offender may apply for participation in the ignition interlock program after the expiration of at least one (1) year of the revocation period if revoked under § 306.6 or two (2) years if revoked under 306.7.311.4 No person may be accepted into the ignition interlock program if he or she has:- (a) A prior conviction for causing injury or death while operating a motor vehicle in any jurisdiction; or

- (b) Previously participated in this program or any similar program in another jurisdiction five (5) years prior to the date of the application.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:- (a) A copy of the title and registration issued by the Department and, if leased, a valid lease agreement;

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

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

- (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;

(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

(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, unless extended pursuant to § 311.18.

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 not tamper with, bypass, or otherwise remove or render the device inoperable, or allow another person to tamper with, bypass, or otherwise remove or render the device inoperable.

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 A participant may be terminated from the program for any violation of §§ 311.11 through 311.14311.16 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 Except as provided in 311.19, a participant who operates or attempts to operate a motor vehicle with a blood alcohol level of .025 or greater shall:- (a) Receive an additional six (6) month license restriction for the first violation;

- (b) Receive an additional one (1) year license restriction period for the second violation; and

- (c) Be terminated from the program for the third violation.311.19 A participant who operates or attempts to operate a motor vehicle with a blood alcohol of .08 percent or greater shall be terminated from the program.311.20 Prior to termination from the program or the imposition of any penalties pursuant to § 311.18, the participant shall be given notice and an opportunity for a hearing. Hearings shall be limited to the issue of whether or not the offense was committed.311.21 The Director shall revoke the driver's license of a person who voluntarily ends their participation in the program or is terminated from the program. The license revocation period shall be one (1) year.311.22 The Director shall revoke the registration of all vehicles identified in the application of a program participant who withdraws from or is terminated from the program for a one-year period.

SOURCE: Final Rulemaking published at 53 DCR 7218 (September 1, 2006).