Montana Code 61-8-1024. Ignition interlock device — assisting in starting and operating — circumventing — penalty
61-8-1024. Ignition interlock device — assisting in starting and operating — circumventing — penalty. (1) It is unlawful for a person who is subject to a restriction under 61-8-1010 to operate a vehicle that is not equipped with an ignition interlock device.
Terms Used In Montana Code 61-8-1024
- Ignition interlock device: means ignition equipment that:
(i)analyzes the breath to determine blood alcohol concentration;
(ii)is approved by the department pursuant to 61-8-1025; and
(iii)is designed to prevent a motor vehicle from being operated by a person who has consumed a specific amount of an alcoholic beverage. See Montana Code 61-8-102
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
(2)A person may not knowingly assist a person who is restricted to the use of an ignition interlock device to start and operate the restricted person’s vehicle.
(3)A person may not knowingly circumvent the operation of an ignition interlock device.
(4)A person convicted of a violation of this section shall be punished by a fine of not more than $500 or by imprisonment for not more than 6 months or both.
(5)This section does not apply if:
(a)the starting of a motor vehicle or the request to start a motor vehicle equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle; and
(b)the person subject to the restriction does not operate the vehicle.