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.
(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.
History: En. Sec. 13, Ch. 498, L. 2021.
Structure Montana Code Annotated
Part 10. Driving Under Influence of Alcohol or Drugs
61-8-1002. Driving under influence
61-8-1003. through 61-8-1006 reserved
61-8-1007. Penalty for driving under influence -- first through third offenses
61-8-1008. Penalty for driving under influence -- fourth and subsequent offenses
61-8-1009. Driving under influence -- assessment, education, and treatment required
61-8-1012. through 61-8-1015 reserved
61-8-1017. Right of appeal to court
61-8-1018. Evidence admissible -- conditions of admissibility
61-8-1019. Administration of tests
61-8-1020. through 61-8-1023 reserved
61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway
61-8-1028. through 61-8-1030 reserved
61-8-1031. Suspension of imprisonment sentence for DUI court participation
61-8-1032. Mandatory suspension of license following certain implied consent action