Bill Text - SB20 (2013)

Making modifications to the DWI ignition interlock program.

Revision: Jan. 17, 2013, midnight






AN ACT making modifications to the DWI ignition interlock program.

SPONSORS: Sen. Rausch, Dist 19; Sen. Gilmour, Dist 12; Sen. Boutin, Dist 16; Rep. Bouchard, Merr 18

COMMITTEE: Transportation


This bill makes various modifications to the DWI ignition interlock program.

This bill was requested by the department of safety.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Thirteen

AN ACT making modifications to the DWI ignition interlock program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Words and Phrases Defined; Ignition Interlock Device. Amend RSA 259:43-a to read as follows:

259:43-a Ignition Interlock Device. “Ignition interlock device” shall mean breath alcohol ignition interlock device or enhanced technology ignition interlock device, which is a system or device that connects a breath analyzer to a motor vehicle’s ignition system. The analyzer measures the concentration of alcohol in the breath of any person who attempts to start the motor vehicle by using the ignition system. The device prevents the vehicle from starting unless the person provides a breath sample with a concentration of alcohol that is below a preset level. The device contains a data-logger which retains records of failures to take or pass the test during the period between recalibrations.

2 Interlock Requirements. Amend RSA 265-A:36, I-b to read as follows:

I-b. To the extent that technology does not exist to permit the installation, proper functioning, or safe operation of any particular vehicle type when equipped with an interlock, the court may order that a restraining device which disables the vehicle be placed on any such vehicle registered to or used on a regular basis by a person required to install an ignition interlock device.

3 Interlock Requirements. Amend RSA 265-A:36, IV to read as follows:

IV. An ignition interlock device [may] shall not be sold or distributed in this state without the device being approved by the commissioner or the department of safety.

4 Interlock Program Rules. Amend RSA 265-A:36, VI(b)-(g) to read as follows:

(b) Maintain at least that number of locations across the state for the installation, service, calibration, [and] monitoring, and removal of an ignition interlock device as might be required from time to time by the program operating protocol developed by the commissioner;

(c) Provide periodic reports as determined by the court or in department rules, to the [probation office and treatment provider, if applicable; if the offender is not placed on probation, to the arresting agency] director of the division of motor vehicles, the department’s interlock coordinator, and the court of jurisdiction;

(d) Retain all data-logger records for [12] 36 months after the end of the period to which the offender is sentenced;

(e) Maintain a reserve account with a balance at least equal to 2 percent of the provider’s revenue from interlock device service and installation in this state, excluding the purchase or rental costs of devices, during the previous calendar year. Funds in the account shall be used to provide installation and service to those offenders determined by the court to be unable to pay the full cost of an interlock program [by reserving for this purpose a hardship credit equal to 2 percent of the service provider’s gross receipts, excluding the purchase or rental cost of the interlock device, which credit and free service]. Reserve account balances and costs to the provider for free installation and service shall be reported annually to the department; and

(f) [Provide a certificate of installation to the vehicle’s owner upon installation of the device in a form to be determined by the department’s interlock rules; and

(g)] Provide reports to the department when data specified in department rules becomes available. The department shall make data from the reports available to the director of the division of motor vehicles, appropriate prosecutor, prosecuting agency, treatment provider, probation officer, and defense attorney by means of authorizing the interlock provider to provide these entities with secure electronic access to the data via the interlock provider’s web-based portal.

5 New Paragraph; Interlock Program; Installation. Amend RSA 265-A:36 by inserting after paragraph VI the following new paragraph:

VII. The installer shall provide a certificate of installation to the participant and to the department’s interlock coordinator.

6 Ignition Interlock Violations. Amend RSA 265-A:38, II to read as follows:

II. If it is found that a person required to drive a motor vehicle equipped with an ignition interlock device has failed to comply with any requirement for the maintenance or calibration of the device, or [shows a consistent pattern of failures to pass the breath test provided by the device] otherwise violates a rule of the department regarding the interlock program, the court may order a hearing to determine if the person should be held in contempt of court. Upon a finding of contempt, the court may sentence the defendant to up to 6 months in a county department of corrections facility, may make such other orders as necessary to bring about compliance, and may order a further license suspension or revocation for a period of not more than 12 months. The period of suspension or revocation under this section shall be added to any previously ordered suspension or revocation.

7 Effective Date. This act shall take effect upon its passage.