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Status of State Ignition Interlock Laws 

 Mandatory .08 Conviction

 Mandatory with a BAC of at least .15. 

Mandatory with  Repeat Conviction

Mandatory .08 Upon Reinstatement

Discretionary

No Interlock Law at All

Alaska (1)
(06/08)

Florida (2)
(06/08)

Massachusetts

Oregon(3)

All other states (4)

Alabama

Arizona
(05/07)

Kansas

Missouri (05/08)

 

 

South Dakota

Arkansas (14)
(04/09)

New Hampshire

South Carolina
(05/08)

 

 

Vermont

California Pilot Program**
(10/09)

Virginia (7)
(03/04)

Texas

 

 

 

Colorado *(5)
(04/08)

West Virginia (8)
(04/08)

Montana
(5/09)

 

 

 

Hawaii (16)
(6/09)

Wyoming (10)
(03/09)

Oklahoma (11)
(5/09)

 

 

 

Illinois (6)*
(08/07)

North Carolina (12)
(8/07)

 

 

 

 

Louisiana
(07/07)

 Delaware (17)
(7/09)

 

 

 

 

Nebraska (9)
(04/08)

 

 

 

 

 

New Mexico
(06/05)
         

New York (11/09)

 

 

 

 

 

Utah (13)
 (03/09)
         

Washington (15)
(03/08)

 

 

 

 

 

* Interlocks are highly incentivized in that, if the offender chooses not to use the device, he or she has a year long license suspension and any violation is a felony. 

** California’s pilot program covers the counties of Los Angeles, Alameda, Sacramento, and Tulare. These counties combined have a population of over 14 million.

(1)Mandatory for all convicted offenders with probation. Certain cities listed in bill are exempted; became effective January 1, 2009.

(2)Effective October 1, 2009. Mandatory all persons with BAC at or exceeding .15 and persons with repeat DUI convictions. Mandatory upon first conviction with BAC at or exceeding .08 for persons convicted of DUI who commit a DUI with a child under 16 years of age in the vehicle.

(3)Judges are only required to issue interlocks to persons convicted of DUI upon reinstatement of their unrestricted driver’s license. Very few people will get their licenses reinstated. Many will just drive on a suspended or revoked license. MADD’s model law mandates persons convicted of DUI begin interlock usage within 30-45 days after receiving a DUI conviction.

(4) In all other states, judges have discretion as to whether they use interlocks as a sanction for first convictions. In Texas, for example, judges are ordered to give interlocks only if person convicted of DUI has a repeat DUI and in the case of a person with first conviction that is with a BAC at or exceeding .15, only if that person elects probation, thus not jail.  (“under community supervision”). Maine passed an interlock law in 2008 that mandates judges issue interlocks to persons convicted of multiple DUIs only upon “reinstatement” of their unrestricted driver’s licenses.

(5)Strong opt-in provision for first time convicted heavily incentivizes use of interlocks by first convicted. Not legally a mandate. All persons convicted of one DUI must have their license suspended for nine months and thus driving privileges revoked. If one elects to use interlock, he drives for four consecutive months using the interlock, and he gets his driver’s license reinstated.  Became effective January 1, 2009.

(6) Became effective  January 1, 2009.  Choice of hard suspension or interlock is a big loophole MADD is working to amend.

(7)Became effective October 1, 2008.

(8) Became effective June 2008. Opt-in provision  for “first conviction” but not highly incentivized because only administratively enforced with no criminal process running parallel to administrative process.

(9) Became effective January 1, 2009.

(10)SF 88 passed on March 6, 2009. Effective July 1, 2009. SF 88 mandates interlocks for all high BAC and repeat offenders.

(11)Effective November 1, 2009 in Oklahoma

(12)Effective December 1, 2007.

(13)SB 272, passing in March 2009, contains an amendment mandating interlocks for all persons with DUI convictions.

(14)With a DUI conviction, the convicted has his/her unrestricted driver’s license suspended and shall immediately receive from Office of Driver Services an ignition interlock license and drive with an ignition interlock device for a minimum of six months.

(15)Most comprehensive mandatory ignition interlock law on the books thus far. Went into effect January 1, 2009.

(16)Effective January 2011 in Hawaii.