2012 Louisiana Laws
TITLE 15 — Criminal procedure
RS 15:307 — Ignition interlock devices; installation and certification
§307. Ignition interlock devices; installation and certification
A. As used in R.S. 15:306, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a level established by the court and consistent with the rules promulgated by the secretary of the Department of Public Safety and Corrections, hereafter referred to as the "secretary".
B.(1) The secretary shall certify or cause to be certified ignition interlock devices required by R.S. 15:306 and shall publish a list of approved devices. All reasonable costs of certification shall be borne by the manufacturer. The manufacturer of the system shall be responsible for the installation or the training of installers and shall educate users and service and maintain the system.
(2) The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device.
C. The secretary shall formulate and promulgate a set of rules and regulations for the proper approval, installation, and use of ignition interlock devices in full compliance with this Section and R.S. 15:306. The standards shall include but not be limited to requirements that the devices or systems:
(1) Do not impede the safe operation of the vehicle.
(2) Correlate with established measures of alcohol impairment.
(3) Work accurately and reliably in an unsupervised environment.
(4) Resist tampering and give evidence if tampering is attempted.
(5) Are difficult to circumvent.
(6) Minimize inconvenience to a sober user.
(7) Require a proper, deep lung breath sample or other accurate measure of blood alcohol content equivalence.
(8) Operate reliably over the range of automobile environments.
(9) Are manufactured by a party who will provide product liability insurance and a bond against malfunction of the device.
D. The secretary may adopt in whole or relevant part the guidelines, rules, regulations, studies, or independent laboratory tests performed or relied upon by other states, their agencies or commissions.
E. The secretary shall design and adopt by regulation a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering with, defeating, or otherwise circumventing the device is guilty of a criminal offense and subject to criminal penalty and civil liability.
Acts 1992, No. 982, §1, eff. Jan. 1, 1993; Acts 2003, No. 800, §1.
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