Montana Code 61-8-1025. Department rules regarding ignition interlock devices — ignition interlock device provider requirements
61-8-1025. Department rules regarding ignition interlock devices — ignition interlock device provider requirements. (1) The department shall adopt rules providing for the approval of ignition interlock devices and the installation, calibration, repair, and removal of approved devices.
Terms Used In Montana Code 61-8-1025
- Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, including as used in 16-6-305, 23-2-535, 45-5-207, 67-1-211, and this title. See Montana Code 61-8-1001
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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)The department’s rules must be based on federal standards issued for similar devices.
(3)An ignition interlock device that is approved by the department must also:
(a)be designed so it does not impede safe operation of the vehicle;
(b)correlate well with the level established for alcohol impairment;
(c)work accurately and reliably in an unsupervised environment and under extreme weather conditions;
(d)require a deep lung breath sample or use an equally accurate measure of blood alcohol concentration equivalence;
(e)resist tampering and show evidence of tampering if it is attempted;
(f)be difficult to circumvent;
(g)minimize inconvenience of a sober user;
(h)operate reliably over the range of automobile environments and in connection with various manufacturing standards; and
(i)be manufactured by a person who is adequately insured for product liability.
(4)An ignition interlock device provider shall include in any lease agreement for an ignition interlock device a warning that a person who knowingly tampers with, circumvents, or otherwise misuses the device is subject to criminal prosecution.