§ 27-107. Ignition interlock system -- Additional penalty for driving while under the influence of alcohol, under the influence of alcohol per se, while impaired by alcohol, or other condition of probation

   (a) "Ignition interlock system" defined. -- In this section, "ignition interlock system" means a device that:

   (1) Connects a motor vehicle ignition system to a breath analyzer that measures a driver's blood alcohol level; and

   (2) Prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device.

(b) Use required. -- In addition to any other penalties provided in this title for a violation of any of the provisions of § 21-902(a) of this article ("Driving while under the influence of alcohol or under the influence of alcohol per se"), or § 21-902(b) of this article ("Driving while impaired by alcohol"), or in addition to any other condition of probation, a court may prohibit a person who is convicted of, or granted probation under § 6-220 of the Criminal Procedure Article for, a violation of § 21-902(a) or § 21-902(b) of this article from operating for not more than 3 years a motor vehicle that is not equipped with an ignition interlock system.

(c) Court actions; court and Administration records; conditions imposed. -- If the court imposes the use of an ignition interlock system as a sentence, part of a sentence, or a condition of probation, the court:

   (1) Shall state on the record the requirement for, and the period of the use of the system, and so notify the Administration;

   (2) Shall direct that the records of the Administration reflect:

      (i) That the person may not operate a motor vehicle that is not equipped with an ignition interlock system; and

      (ii) Whether the court has expressly permitted the person to operate a motor vehicle without an ignition interlock system under subsection (g)(2) of this section;

   (3) Shall direct the Administration to note in an appropriate manner a restriction on the person's license imposed under paragraph (2)(i) or (ii) of this subsection;

   (4) Shall require proof of the installation of the system and periodic reporting by the person for verification of the proper operation of the system;

   (5) Shall require the person to have the system monitored for proper use and accuracy by an entity approved by the Administration at least semiannually, or more frequently as the circumstances may require; and

   (6) (i) Shall require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the system; and

      (ii) May establish a payment schedule.

(d) Solicitation of or having another person start vehicle. -- A person prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system may not solicit or have another person attempt to start or start a motor vehicle equipped with an ignition interlock system.

(e) Starting vehicle for another. -- A person may not attempt to start or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system.

(f) Tampering or circumvention. -- A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section or Title 16 of this article.

(g) Furnishing vehicle without an ignition interlock system; operation of vehicles in the course of employment. --

   (1) Subject to the provisions of paragraph (2) of this subsection, a person may not knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to another person who the person knows is prohibited under subsection (b) of this section or Title 16 of this article from operating a motor vehicle not equipped with an ignition interlock system.

   (2) (i) This paragraph does not limit or otherwise affect any provision of federal or State law relating to a holder of a commercial driver's license.

      (ii) If a person is required, in the course of the person's employment, to operate a motor vehicle owned or provided by the person's employer, the person may operate that motor vehicle in the course of the person's employment without installation of an ignition interlock system if the court or the Administration has expressly permitted the person to operate in the course of the person's employment a motor vehicle that is not equipped with an ignition interlock system.

      (iii) The Administration may allow a participant in the Ignition Interlock System Program under § 16-404.1 of this article to operate in the course of the person's employment a motor vehicle owned or provided by the person's employer that is not equipped with an ignition interlock system if the person provides information acceptable to the Administration regarding the person's current employment and the need for the person to operate the motor vehicle in the course of employment.

HISTORY: 1988, chs. 252, 253; 1998, ch. 526; 2001, chs. 4, 5, 35; 2005, ch. 25, § 1; 2011, ch. 556, § 2; ch. 557, § 2.