§ 31-7-401 — Ignition interlock licenses; definitions; administration and enforcement

(a) For purposes of this article:
(i) "Ignition interlock device" means an alcohol
breath screening device connected to the engine's ignition
system, that prevents the vehicle from starting when it detects
an alcohol concentration over an established limit. The device
shall contain a data logger which retains records of every
instance in which the device prevented the engine from starting
during the period between recalibrations;
(ii) "Ignition interlock service provider" means any
person who installs, services, monitors, calibrates or repairs
ignition interlock devices and who must be certified by the
department to perform such work.
(b) The department shall prescribe reasonable rules and
regulations for the certification of ignition interlock devices
and ignition interlock service providers and for the calibration
and maintenance of ignition interlock devices, which calibration
and maintenance shall be the responsibility of an ignition
interlock service provider. In addition to other matters
necessary for the administration of this article, the rules and
regulations shall:
(i) Prohibit any ignition interlocking device from
being sold or installed in this state without the device and the
ignition interlock service provider being certified by the
department;
(ii) Require that each ignition interlock service
provider provide a reasonable service where such devices may be
obtained, repaired, replaced, serviced and calibrated;
(iii) Require that every ignition interlock service
provider provide monthly reports for each ignition interlocking
device data logger;
(iv) Require that ignition interlock service
providers check, calibrate and service each ignition interlock
device installed by that provider at least every sixty (60) days
and adopt a reporting requirement should the provider find
evidence of tampering;
(v) Require that each ignition interlock service
provider retain all data logger records for three (3) years;
(vi) Require that each ignition interlock service
provider complete certificates of installation and certificates
of continuing calibration and servicing, which certificates
shall be delivered to the department on a form determined by the
department and within a time period set by the department;
(vii) Establish procedures under which indigent
persons who are required to operate only vehicles equipped with
an ignition interlock device may have one-half (1/2) the costs
of obtaining and using such device paid from funds made
available by the state. A person shall be considered indigent
if they are able to produce evidence that they are eligible and
qualified to participate in the federal supplemental nutrition
assistance program.
(c) The department shall prescribe reasonable rules and
regulations and prescribe forms related to the issuance of
ignition interlock restricted licenses as provided in this
article.
(d) The department shall establish a fee chargeable to
every person applying for an ignition interlock restricted
license. The fee shall compensate the department for all the
costs directly associated with operating the ignition interlock
program required by this article, but in no event shall the fee
exceed one hundred twenty-five dollars ($125.00). The fee shall
not be collected from any indigent person who qualifies for the
benefits described by paragraph (b)(vii) of this section.
(e) All monies received by the department under subsection
(d) of this section shall be deposited into an ignition
interlock account. Interest earned on monies in the account
shall be credited to the account. All monies in the account
including earned interest are continuously appropriated to the
department and shall be expended only for the purpose of
operating the ignition interlock program required by this
article.