AN ACT CONCERNING THE USE OF IGNITION INTERLOCK DEVICES IN MOTOR VEHICLES.

AN ACT CONCERNING THE USE OF IGNITION INTERLOCK DEVICES IN MOTOR VEHICLES.

This bill modifies the current ignition interlock device and license suspension requirements for a person convicted of driving under the influence of alcohol or drugs (DWI).

Under current law, a person may be required to drive only motor vehicles equipped with an ignition interlock device after a mandatory suspension or revocation of a driver's license or operating privileges following the person's second or subsequent DWI conviction. This bill:

1. provides, as an alternative to the current one-year license suspension for a first DWI conviction, a six-month suspension followed by a requirement to drive only ignition interlock-equipped vehicles for one year;

2. requires a person whose driving license or operating privilege was revoked after a third DWI conviction to drive only ignition interlock-equipped vehicles for four years following license or privilege restoration;

3. makes anyone required to drive an ignition interlock-equipped vehicle responsible for all processing and administrative costs related to compliance with the statutory requirements; and

4. makes related changes.

The bill does not affect (1) the separate and unrelated suspension requirements under the administrative per se law that apply before the criminal charge is adjudicated or (2) the ignition interlock requirements that apply after a person's second DWI conviction.

It requires the driver to pay for the ignition interlock device and meet the existing Department of Motor Vehicle (DMV) regulations regarding the device's calibration, installation, and maintenance.

Under current law, in addition to imprisonment and a fine, a person convicted of DWI for the first time must have his or her license or nonresident operating privilege suspended for one year. The bill permits, as an alternative to the one-year suspension, a six-month suspension, followed by a one-year period in which he or she cannot drive a motor vehicle unless it is equipped with a functioning, DMV-approved ignition interlock device.

The bill prohibits the commissioner from reinstating a first-time offender's license who has applied for reinstatement and use of an ignition interlock until the person submits evidence that he or she is participating in a commissioner-approved treatment program. By law, anyone convicted of DWI, even for a first time, must complete a treatment program as a prerequisite for reinstatement. However, these treatment programs typically last longer than six months, so a first offender is likely not to have completed the program by the time the six-month suspension is finished.

By law, a person convicted of a third or subsequent DWI offense within 10 years must have his or her license or privilege permanently revoked. Currently, after six years of the revocation have passed, the offender can petition the commissioner for a reversal or reduction of the revocation. If the commissioner grants the petition, the ignition interlock device must be installed and maintained in the driver's vehicles until 10 years have passed since the date of the revocation. The bill instead requires that the device be maintained for four years from the date of the reversal or reduction of the revocation, whenever that actually occurs.

Currently, someone required to use an ignition interlock-equipped vehicle must pay all costs associated with installing and maintaining the device. The bill, in addition, requires the person to pay all processing and other administrative costs related to the person's compliance with the requirements. This appears to encompass, among other things, all of DMV's costs relating to: (1) processing the initial applications for use of the devices and review of driver history to determine eligibility; (2) data entry in DMV records; (3) periodic monitoring of vehicle calibration reports for compliance; (4) administrative action, including re-suspension, resulting from lack of timely calibration or other program violations; and (5) final review that the driver has met all requirements prior to restoration of unrestricted driving privileges.

The bill appears to extend this responsibility for administrative costs to those currently under ignition interlock requirements as well (i. e. , second and third DWI offenders and those convicted of 2^nd degree assault with a motor vehicle or 2^nd degree manslaughter with a motor vehicle).

The ignition interlock provisions of the law that apply following a second DWI conviction are not changed by the bill. The law requires a three-year suspension, but if the conviction was due to alcohol rather than drugs, the offender can serve a one-year suspension and apply to DMV for operation of ignition interlock-equipped vehicles for two years in lieu of the second and third years of the suspension.

When an ignition interlock device is installed on a motor vehicle, it prevents the vehicle from starting unless a breath sample is provided that shows a blood-alcohol level below the threshold set for the device. In Connecticut, this is set at . 025% (the per se intoxication level is . 08%). Sometime after the vehicle has been started (usually six to 20 minutes), it requires provision of a second “in use” sample. If this sample is more than the threshold level, countermeasures such as blinking headlights, horn, or both are activated to draw attention to the vehicle.

Four DMV-approved vendors provide ignition interlock devices in Connecticut. The user typically has to pay an installation fee for the device, a monthly lease payment, a charge for downloading the information stored in the device and for calibration (which in Connecticut occurs every 60 days), and in some cases a charge when the device is removed after the required period for its use has elapsed. The monthly fee for the device can vary depending on the length of the lease period.

The Senate referred the bill (File 387) to the Judiciary Committee on April 9 and the committee reported it favorably on April 15. It was then referred to the Public Safety and Security Committee on April 22 which reported it favorably on April 28. The Senate referred it to the Appropriations Committee on April 30 and the committee favorably reported a substitute bill on May 5. The substitute bill (1) removed a provision that increased the one-year license suspension for a first DWI offense to 18 months and (2) added the provision making anyone subject to an ignition interlock requirement responsible for all processing and administrative costs related to compliance with the requirements of the law.

Yea

Nay

(03/13/2009)

Yea

Nay

(04/15/2009)

Yea

Nay

(04/28/2009)

Yea

Nay

(05/05/2009)