§2508. Ignition interlock device

1.  Installation of ignition interlock device.  Notwithstanding the periods of suspension pursuant to section 2411 or 2451, subsection 3, the Secretary of State may reinstate the license of a person convicted of a violation of section 2411, except for a violation of section 2411, subsection 1-A, paragraph D, subparagraph (1-A), or whose license is suspended by the Secretary of State pursuant to section 2453 or 2453-A if the person satisfies all other conditions for license reinstatement and installs an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates, under the following conditions.

A. The license of a person with 2 OUI offenses may be reinstated after 9 months of the suspension period has run if the person has installed for a period of 2 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

A-1. The license of a person with one OUI offense may be reinstated after 30 days of the suspension period has run if the person has installed for a period of 150 days or the length of time remaining for a suspension imposed pursuant to section 2411, subsection 5, paragraph A, subparagraph (2), whichever is shorter, an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.   [PL 2013, c. 389, §3 (NEW); PL 2013, c. 389, §7 (AFF).]

B. The license of a person with 3 OUI offenses may be reinstated after 3 years of the suspension period has run if the person has installed for a period of 3 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

C. The license of a person with 4 or more OUI offenses may be reinstated after 4 years of the suspension period has run if the person has installed for a period of 4 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.   [PL 2013, c. 187, §2 (AMD).]

D. The license of a person convicted of a violation of section 2411, subsection 1-A, paragraph D, subparagraph (1) or a person whose driver's license is suspended by the Secretary of State pursuant to section 2453 or 2453-A for a period specified by section 2411, subsection 5, paragraph D-1 may be reinstated after 3 years of the suspension period has run if the person has installed for a period of 3 years an ignition interlock device approved by the Secretary of State in the motor vehicle the person operates.   [PL 2013, c. 389, §3 (NEW); PL 2013, c. 389, §7 (AFF).]

A person whose license is reinstated pursuant to this subsection shall pay an administrative fee of $50 to the Secretary of State, in addition to the fee required by section 2486, subsection 1-A.

[PL 2013, c. 187, §2 (AMD); PL 2013, c. 389, §3 (AMD); PL 2013, c. 389, §7 (AFF).]

1-A.  Ignition interlock device; discount.  A person certified by the Secretary of State to install ignition interlock devices shall provide for a reduction of costs, inclusive of the total fees and charges assessed to the individual having the ignition interlock device installed, of at least 50% if the individual demonstrates, using the individual's most recent federal income tax return, that the individual has an adjusted gross household income of not more than 150% of the poverty guidelines for the relevant tax year as established by the United States Department of Health and Human Services for that individual's family size.

[PL 2013, c. 389, §4 (NEW).]

2.  Crime; penalty.  A person whose license is reinstated pursuant to section 2412-A, subsection 7 or this section may not:

A. Operate a motor vehicle without an ignition interlock device; or   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

B. Tamper with, disconnect or disable an ignition interlock device or circumvent the operation of an ignition interlock device.   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

Violation of this subsection is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 7 days and a fine of not less than $500. These penalties may not be suspended.

[PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

3.  Other restrictions; penalty.  Other restrictions are set out in this subsection.

A. A person whose license is reinstated pursuant to section 2412-A, subsection 7 or this section may not request or solicit another person to blow into or otherwise activate an ignition interlock device for the purpose of providing the person with an operable motor vehicle.   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

B. A person may not:

(1) Rent, lease or lend a motor vehicle without an ignition interlock device to another person the person knows or should know is restricted to the operation of a motor vehicle with an ignition interlock device;

(2) Blow into or otherwise activate an ignition interlock device for the purpose of providing a person restricted to the operation of a motor vehicle with an ignition interlock device with an operable motor vehicle; or

(3) Tamper with or circumvent the operation of an ignition interlock device.   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

[PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

4.  Penalty.  Notwithstanding section 1251, a violation of subsection 3 is a traffic infraction. The Secretary of State shall suspend the license of any person reinstated pursuant to section 2412-A, subsection 7 or this section who is adjudicated of the traffic infraction described in this section or whom the Secretary of State determines has violated any condition or restriction of license reinstatement. The periods of license suspension are:

A. For a person reinstated pursuant to section 2412-A, subsection 7, one year; and   [PL 2007, c. 531, §6 (NEW); PL 2007, c. 531, §10 (AFF).]

B. For a person reinstated pursuant to this section, one year if the person has one OUI offense, 2 years if the person has 2 OUI offenses, 4 years if the person has 3 OUI offenses or is reinstated pursuant to subsection 1, paragraph D and 6 years if the person has 4 or more OUI offenses.   [PL 2013, c. 389, §5 (AMD).]

A person whose license is suspended as a result of a conviction or adjudication pursuant to this subsection is not entitled to the issuance of any type of license until the suspension period has expired.

[PL 2013, c. 389, §5 (AMD).]

SECTION HISTORY

PL 2007, c. 531, §6 (NEW). PL 2007, c. 531, §10 (AFF). PL 2009, c. 54, §4 (AMD). PL 2009, c. 54, §7 (AFF). PL 2009, c. 415, Pt. C, §§2, 3 (AFF). PL 2009, c. 482, §1 (AMD). PL 2011, c. 335, §13 (AMD). PL 2013, c. 187, §2 (AMD). PL 2013, c. 389, §§3-5 (AMD). PL 2013, c. 389, §7 (AFF).