Ignition Interlock 4 Alaska

On Monday, June 16, Governor Palin signed HB19 into law!  Here is a summary of that law and a few FAQs.

1. Convicted misdemeanor DUI offenders (including those convicted of Refusal to Take a Chemical Test) are eligible to get an Ignition Interlock Limited License which will permit them to drive an ignition interlock equipped car during their period of revocation following a 30 day hard revocation period for first time offenders and a 90 day hard revocation period for subsequent offenses. Felony DUI offenders are not eligible for an Ignition Interlock Limited License (IILL).

Individuals applying for an IILL must be in compliance with the alcoholism screening, evaluation, referral, and program requirements of the Department of Health and Social Services under AS 28.35.030(h)22, (usually ASAP).

Proof of insurance is required as is a record of no prior convictions for tampering with an ignition interlock.

2. It is an offense to tamper with or circumvent an ignition interlock device. It is an offense to rent or loan a vehicle to someone  who is known to have an IILL.

3. A minimum period of ignition interlock use is required as part of sentencing for DUI and Refusal to Submit to Chemical Test convictions.  This period begins when the individual regains the privilege to drive and the length of time for required use is dependent upon number of prior offenses. First offense – 12 months, 2nd offense – 24 months; 3rd offense – 36 months; 4th and beyond – throughout period of probation.

4. Persons holding a Limited License issued prior to the effective date of this legislation may continue to use that license.

5. Local communities must include provisions for ignition interlocks that are consistent with this statute.

6. If a community wherein the offender resides does not have roads connected to the state highway system, the court shall waive the requirement of the use of an ignition interlock device when a person operates a motor vehicle in that community which must be included on the list published by the department.

When does this law take effect? – The effective date on this law is January 1, 2009.  Administrative regulations need to written before it can take effect. Check with DMV to see if it will be effective any earlier.

Are Ignition Interlocks easy to circumvent? Not anymore.  Most devices require a learned breathing and hum pattern in order to activate the device.  The most current devices actually take a picture of the person operating the device and stores it for download at the monthly servicing.  Also, the devices require random rolling re-tests which signal the driver to pull over within a few minutes and reactivate the device.  If the rolling re-test detects alcohol, the car lights begin to blink and the horn sounds.  The vehicle does not stop in the middle of traffic! 

I need more information.  What is this gadget all about anyway? This website gives a good explanation of the technology and its uses.  

Who pays for this? The offender.

How much does it cost? The cost varies according to the vendor, but can run roughly between $100-$125 for an install and $125 monthly for leasing and downloading of information.

Is the Ignition Interlock Limited License taken away if the device detects alcohol? No.  The device stops the offender from driving that car. It is doing its job when that offender cannot operate his/her vehicle.  It is not designed to cure alcohol abuse; it is designed to protect the public from an alcohol-impaired driver.