HB 1315

Upon ordering a functioning ignition interlock device for restricted drive r licenses or alcohol and drug offenses, present law requires a court to establish a specific calibration setting of 0.02% blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started. T h is bill revises this provision by changing the calibration from a blood alcohol concentration to a breath alcohol concentration. REMOVAL OF IGNITION INTERLOCK DEVICE This bill provides that if a person who has been ordered to have an ignition interlock device on their vehicle pursuant to this bill, is an active service member of the United States armed forces and is ordered to be deployed outside of this state for more than 30 days, then the person may request the department of safety ("department""), to temporarily toll the required ignition interlock usage period by submitting proof of the deployment to the ignition interlock provider. The ignition interlock provider must forward the request and documentation to the department within five business days of receipt. Proof may consist of an official military order or temporary change of duty station order, which reflects the time period and change of the person's new duty assignment. This bill requires the department to review and either approve or deny all requests to toll the required ignition interlock usage period pursuant to this bill. If granted, the toll period must be for the number of days the person is actively deployed. At the end of the deployment, the person will have 30 days to have the d e vice calibrated, and the required ignition interlock usage period will resume. If the deployment period exceeds 90 days, then the person may elect to have the provider remove the device from the vehicle to eliminate the cost of the monthly lease of the d e vice. However, if the device was removed from the vehicle during the deployment period, then the person will have 30 days after the end of the deployment period to have the device reinstalled on the vehicle, and the required ignition interlock usage peri o d will resume upon reinstallation of the device. Failure to comply with this bill may result in the entire ignition interlock usage period starting over. This bill provides that a tolling period granted pursuant to this bill does not relieve a person fr om the requirement to only operate a vehicle that is equipped with an ignition interlock device or waive any other requirements the participant is subject to pursuant to this bill. Tolling Period Present law provides that a person whose vehicle is unab le to be operated under this provision may request the department toll the required 365-day period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the ignition interlock provider that the v ehicle was involved in a traffic crash, the vehicle is being repaired, or other uncontrollable circumstance through no fault of the person required to have ignition interlock. This bill revises this provision to generally authorize such person to request the department toll the required ignition interlock usage period. Denial This bill authorizes a person aggrieved by the denial of a request to have the ignition interlock usage period tolled under this this bill to, within 10 business days of the date of the denial, request a review by the commissioner of safety (""commissioner""). The request for review must include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believe s the denial was incorrect. Within 10 business days of receiving the request for review the commissioner or the commissioner's designee must make a written determination based on information in the department's records and the information provided by the p erson requesting the review as to whether or not the toll period should be granted. This bill provides that the request will stay the continuation of the required ignition interlock usage period until the commissioner's or the commissioner's designee's r uling is issued. Additionally, a person may appeal the commissioner's or the commissioner's designee's ruling pursuant to present law. Prohibition Present law provides that a person required to install and use only a functioning ignition interlock device is prohibited from (i) removing or causing to be removed the ignition interlock device from the motor vehicle, (ii) failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device, a nd (iii) tampering with or circumventing the ignition interlock device. On January 1, 2026, this bill revises (ii) above to, instead, prohibit such person from failing to appear at the ignition interlock device provider when required for calibration, m onitoring, or inspection of the device. However, this bill clarifies the following:  The person is not in violation of this bill if the person appears for calibration, monitoring, or inspection at any time the provider is open for operation within seven calendar days before or seven calendar days after the date of the person's scheduled appointment.  The person may make an appointment for calibration, monitoring, or inspection within the seven-calendar-day period before or after their original appointment, but the calibration, monitoring, or inspection must be completed within the seven-calendar-day period before or after their original appointment for this bill to apply.  The next monthly calibration appointment must be no more than 30 days from the date the person appears for the calibration, monitoring, or inspection of their device. Final 120-Day Period Present law provides that during the final 120-day period of an ignition interlock usage period, the person must not tamper with, circumvent, or atte mpt to start the motor vehicle with a breath alcohol concentration in excess of 0.02% blood alcohol concentration calibration setting required by present law. However, a person is not in violation of this provision for attempting to start the motor vehic l e, if a subsequent retest within 10 minutes shows a breath alcohol concentration of 0.02% or less and review of the digital images associated with each test confirms that the same person performed both tests. This bill revises these provisions by changin g the calibration from a blood alcohol concentration to a breath alcohol concentration. Present law additionally provides that during the final 120-day period of an ignition interlock usage period, the person must not fail a rolling test required by the i gnition interlock device with a breath alcohol concentration in excess of 0.02%; provided, however, that a person is not in violation of this provision for failing a rolling test, if a subsequent retest within 10 minutes shows a breath alcohol concentrati o n of 0.02% or less and review of the digital images associated with each test confirms that the same person performed both tests. This bill revises these provisions by changing the calibration from a blood alcohol concentration to a breath alcohol concen t ration. Reinstatement Present law authorizes a person who is subject to a restricted driver license or this bill to petition a court with proper jurisdiction for reinstatement of the person's driver license under this provision regardless of the date w hen the person first became subject to those limitations. If the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the court may order reinstatement. Up o n receipt of the court order, if the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department must reinstate the license. This bill adds as an ad ditional requirement for the court to reinstate the driver license that the person's only noncompliance with the ignition interlock requirements has been with regard to the required calibration, monitoring, or inspection of the device. This bill requires the judge to make specific findings in the order with regard to each instance of noncompliance with the ignition interlock requirements, including, but not limited to, noncompliance with required calibration, monitoring, or inspection of the device or mus t attach documentation from the department of safety showing that there are no other instances of noncompliance other than required calibration, monitoring, or inspection of the device. This bill additionally provides that upon receipt of the court order, if the person is in compliance with all other requirements for reinstatement from the offense that resulted in the ignition interlock being required, including payment of fees under present law, and the person has no other revocations or suspensions on t h e person's driving record, then the department must reinstate the license. ON MARCH 13, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1299, AS AMENDED. AMENDMENT #1 revises the provision requiring t he judge to make specific findings in the order with regard to each instance of noncompliance with the ignition interlock requirements or to attach documentation from the department of safety showing that there are no other instances of noncompliance other than requi red calibration, monitoring, or inspection of the device to, instead require the judge to make such findings and attach such documentation from either the department of safety or the ignition interlock manufacturer ."