The proposed rules set penalties for some court interlock violations and require service facilities to report suspected tampering.
A driver under a court interlock order could face a misdemeanor or, in specified cases, a felony for driving without a device or permit. Repeat violations would bring a longer revocation and required interlock use.
Interlock service facilities would have to report suspected tampering to the authority responsible for the order and to the county attorney. A court would hold a hearing after notice about a probationer.
A person with a 24/7 sobriety program permit would commit a felony by driving at or above the stated alcohol limit or refusing a chemical test.
A driver under a court interlock order would face a misdemeanor or, in specified cases, a felony for driving without a device or permit. This applies to a person ordered by a court to drive only vehicles equipped with an ignition interlock device. The violation would be a felony if the driver had an alcohol concentration of at least 0.02 or refused a chemical test. For a first violation, the court would add 90 days to the license revocation. For a later violation, it would choose the longer of restarting the active revocation or extending the revocation by one year, and require interlock use during the revocation. The restriction applies while the court order is in effect. A first violation adds 90 days to the revocation; a later violation triggers the longer of a restart or a one-year extension.
Interlock service facilities would have to report suspected tampering or attempts to tamper. This covers facilities that learn someone disabled, bypassed, or altered an ignition interlock device, or tried to do so. Facilities would report to the authority responsible for the order and the county attorney where the violation occurred. Failing to report would be a misdemeanor. If a court receives notice about a probationer, it would schedule a hearing within 14 days. If the probationer does not appear and show cause, the court would revoke the permit. A facility would report when it learns of the evidence. A court would schedule the hearing within 14 days after receiving notice.
A person with a 24/7 sobriety program permit would commit a felony by driving above the stated alcohol limit or refusing a chemical test. This applies to anyone who has applied for and received a 24/7 sobriety program permit. The felony applies when the person's blood alcohol concentration is at least 0.02 grams per 100 milliliters, or breath alcohol concentration is at least 0.02 grams per 210 liters, or the person refuses a blood, breath, or urine test.
No hearings or votes scheduled.