2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 30. GENERAL PENALTY PROVISIONS
CHAPTER 8. IGNITION INTERLOCK DEVICES
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<![CDATA[IC 9-30-8
Chapter 8. Ignition Interlock Devices
IC 9-30-8-1
Term of installation; costs
Sec. 1. If a court orders the installation of a certified ignition
interlock device on a motor vehicle that a person whose license is
restricted owns or expects to operate, the court shall set the time that
the installation must remain in effect. However, the term may not
exceed the maximum term of imprisonment the court could have
imposed. The person shall pay the cost of installation unless the
sentencing court determines that the person is indigent.
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004, SEC.17;
P.L.94-2006, SEC.10; P.L.172-2006, SEC.3; P.L.85-2013, SEC.99;
P.L.188-2015, SEC.112.
IC 9-30-8-2
Blood alcohol level rendering vehicle inoperable
Sec. 2. An ignition interlock device shall be set to render a motor
vehicle inoperable if the ignition interlock device detects an alcohol
concentration equivalent to at least two-hundredths (0.02) gram of
alcohol per:
(1) one hundred (100) milliliters of the blood of the person; or
(2) two hundred ten (210) liters of the breath of the person;
who offers a breath sample.
As added by P.L.2-1991, SEC.18. Amended by P.L.33-1997, SEC.12;
P.L.1-2000, SEC.12.
IC 9-30-8-3
Standards and specifications; approval of ignition interlock
devices; reports; evaluations and recommendations
Sec. 3. (a) The director of the state department of toxicology,
based on the recommendation of the governor's council on impaired
and dangerous driving, shall adopt rules under IC 4-22-2 to establish
standards and specifications for a certified ignition interlock device.
The standards and specifications must require at a minimum that the
device meets the following requirements:
(1) Is accurate.
(2) Does not impede the safe operation of a vehicle.
(3) Provides a minimum opportunity to be bypassed.
(4) Shows evidence of tampering if tampering is attempted.
(5) Has a label affixed warning a person that tampering with or
misusing the device is a crime and may subject that person to
criminal and civil penalties.
(6) Provides the ability to accurately identify the user.
(b) After July 1, 2015, all ignition interlock devices used in
Indiana must be certified under rules adopted by the state department
of toxicology.
Indiana Code 2016
(c) A vendor or provider may submit an application for approval
of an ignition interlock device in a form prescribed by the director of
the state department of toxicology.
(d) If testing is required to determine whether an ignition interlock
device complies with standards set forth by the state department of
toxicology, the testing must be performed by an independent
laboratory designated by the state department of toxicology. The
vendor shall pay any testing expenses under this section.
(e) If the director of the state department of toxicology finds that
the ignition interlock device complies with the standards of the state
department of toxicology, the director may approve the ignition
interlock device as a certified ignition interlock device.
(f) The director of the state department of toxicology shall provide
periodic reports to the governor's council on impaired and dangerous
driving, including, but not limited to:
(1) the number of ignition interlock devices certified by the
state department of toxicology;
(2) the number of ignition interlock devices currently installed
in Indiana; and
(3) the number of ignition interlock devices rejected by the state
department of toxicology.
(g) The state department of toxicology shall consider all
recommendations made by the governor's council on impaired and
dangerous driving.
(h) The governor's council on impaired and dangerous driving
shall meet once a year to:
(1) evaluate reports submitted by the state department of
toxicology;
(2) evaluate and study ignition interlock issues;
(3) make recommendations to the state department of
toxicology; and
(4) make recommendations to the general assembly in an
electronic format under IC 5-14-6.
As added by P.L.2-1991, SEC.18. Amended by P.L.217-2014,
SEC.131; P.L.71-2016, SEC.2.
IC 9-30-8-4
Calibration and maintenance; responsibility
Sec. 4. The calibration and maintenance of an ignition interlock
device that is mandated by a court is the responsibility of the
manufacturer.
As added by P.L.2-1991, SEC.18.
IC 9-30-8-5
Restricted license; issuance by bureau
Sec. 5. If a court orders a person under IC 9-30-5-16 to operate
only a vehicle that is equipped with an ignition interlock device, the
bureau shall include that condition when issuing a license.
Indiana Code 2016
As added by P.L.2-1991, SEC.18.
IC 9-30-8-6
Reports and data
Sec. 6. (a) A vendor or provider whose ignition interlock device
is certified under section 3 of this chapter shall provide a report to
the court that ordered the device or the court's designee within two
(2) weeks if any of the following occur:
(1) Any attempt to start the vehicle with a breath alcohol
concentration of four hundredths (.04) grams or higher if the
person does not register a test result indicating a breath alcohol
concentration of four hundredths (.04) grams or lower within
ten (10) minutes of the initial test.
(2) Absent a documented failure of the ignition interlock
device, failure to take or pass any required test.
(3) Failure of the person ordered to use an ignition interlock
device to appear at the ignition interlock vendor or provider for
maintenance, repair, calibration, monitoring, inspection, or
replacement of the ignition interlock device.
(4) Any violations of restrictions imposed by the court.
(b) Any person who is required to have an ignition interlock
device installed as part of probation, a specialized driving permit, or
any other order of a court is required to pay for the installation,
leasing, maintenance, and removal of the ignition interlock device,
as well as any additional expenses ordered by the court or the court's
designee.
(c) An ignition interlock vendor or provider shall provide any
reports or data requested by the state department of toxicology.
As added by P.L.217-2014, SEC.132.
IC 9-30-8-7
Rules; ignition interlock inspection account
Sec. 7. (a) This section applies after June 30, 2017.
(b) The Indiana criminal justice institute shall adopt rules under
IC 4-22-2 concerning the following:
(1) Establishing standards for service centers and inspections.
(2) Establishing standards for ignition interlock device
technicians.
(3) Installation of ignition interlock devices.
(4) Requirements for removing an ignition interlock device.
(5) Fees with respect to service centers and ignition interlock
devices that do not exceed the cost of the program. Fees
described in this subdivision shall be paid by the service center,
by the vendor or provider of an ignition interlock device and
used to defray the expenses of testing, examining, inspecting,
and developing standards concerning service centers or ignition
interlock devices. Funds collected under this subdivision shall
be deposited in the ignition interlock inspection account
Indiana Code 2016
established under subsection (c).
(6) Review of denial, suspension, or revocation of certification
of service centers and ignition interlock device installers and
technicians.
(7) Hearing procedures for service centers or installers of
ignition interlock devices.
(8) Appeal procedures for service centers or installers of
ignition interlock devices.
(c) The ignition interlock inspection account is established within
the state general fund to defray the expenses of testing, examining,
inspecting, and developing standards concerning service centers and
ignition interlock devices. The account shall be administered by the
Indiana criminal justice institute. The following provisions apply to
the account:
(1) The account consists of:
(A) fees paid by the vendor or provider of an ignition
interlock device;
(B) fees paid by the service center; and
(C) appropriations made by the general assembly.
(2) Money in the account may be spent to defray the expenses
of testing, examining, inspecting, and developing standards
concerning service centers and ignition interlock devices.
(3) The Indiana criminal justice institute shall annually prepare
a plan for the expenditure of money in the account.
(4) The expenses of administering the account shall be paid
from money in the account.
(5) The treasurer of state shall invest the money in the account
not currently needed to meet the obligations of the account in
the same manner as other public money may be invested.
Interest that accrues from these investments shall be deposited
in the account.
(6) Money in the account at the end of a state fiscal year does
not revert to the state general fund.
As added by P.L.71-2016, SEC.3.
IC 9-30-8-8
Memorandum of understanding
Sec. 8. The bureau and the Indiana criminal justice institute shall
enter into a memorandum of understanding to administer this chapter
and IC 9-30-6-8(d).
As added by P.L.71-2016, SEC.4.
Indiana Code 2016
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