§ 5-65-123 — Offenses involving a motor vehicle equipped with an ignition interlock device

(a) A person commits the offense of unlawfully allowing another person to start or attempt to start a motor vehicle equipped with an ignition interlock device if he or she: (1) Has had his or her driving privileges restricted under § 5-65-118 and cannot operate or be in actual physical control of a motor vehicle that is not equipped with an ignition interlock device; (2) Knowingly solicits or allows a person to start or attempt to start a motor vehicle equipped with an ignition interlock device; and (3) Has the purpose to operate or be in actual physical control of the motor vehicle. (b) A person commits the offense of unlawfully starting or attempting to start a motor vehicle equipped with an ignition interlock device for another person if he or she knowingly starts or attempts to start a motor vehicle equipped with an ignition interlock device for another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device. (c) A person commits the offense of tampering with an ignition interlock device if he or she knowingly tampers with or attempts to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle. (d) A person commits the offense of providing a motor vehicle not equipped with a functioning ignition interlock device to another person if he or she: (1) Knowingly provides a motor vehicle not equipped with a functioning ignition interlock device to another person who is restricted from operating or being in actual physical control of a motor vehicle that does not have a functioning ignition interlock device; and (2) Knows or reasonably should have known that the other person was restricted from operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device. (e) A person who violates this section is upon conviction guilty of a Class A misdemeanor. (f) It is a defense to prosecution under this section if: (1) A person starts or attempts to start a motor vehicle equipped with an ignition interlock device for the purpose of safety or mechanical repair of the ignition interlock device or the motor vehicle and the person subject to the restriction does not operate the motor vehicle; or (2) (A) The court has previously found that a person is required to operate a motor vehicle in the course and scope of his or her employment and, if the motor vehicle is owned by the employer but does not have a functioning ignition interlock device installed, that the person may operate that motor vehicle during regular working hours for the purposes of his or her employment if: (i) The employer has been notified of the driving privilege restriction; and (ii) Proof of that notification is with the motor vehicle. (B) However, the defense in subdivision (f)(2)(A) of this section does not apply if: (i) The business entity that owns the motor vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or (ii) The driving privilege restriction is the result of the offender's second or subsequent offense.

Legislative History

Amended by Act 2023, No. 736,§ 10, eff. 8/1/2023. Added by Act 2015, No. 299,§ 6, eff. 7/22/2015.