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Ignition Interlock Devices in Kentucky

Typically when one has been convicted of his/her second DUI within a five year period of any previous offense one will be required to hand over, to the court, his/her vehicle’s license plate for the period of time which the driver’s license will be suspended. In some cases one may keep his/her license plate in exchange for having an ignition interlock device installed in the vehicle which he/she drives. Also, when one’s driver’s license is suspended due to a DUI conviction he/she, in order to his/her driver’s license reinstated, may be required to have an ignition interlock device installed in the vehicle which he/she drives. The first time one is penalized under this statute the ignition interlock device is required for a period of six months, if one is punished for a second time under this statute the device is required for one year, and when one is punished under the ignition interlock device statute for a third time the statutory period for the device is thirty months.

When one’s license has been suspended for two or more DUI offenses that person must complete one year of license suspension before eligible for the ignition interlock device. If, after that one year, the courts grant permission to have the interlock device installed it must be done on every vehicle owned or leased by the person whose license is suspended. If the person whose license is suspended is required to operate a motor vehicle or motorcycle for employment purposes and said motor vehicle or motor cycle is owned by the employer the defendant may be allowed to continue to operate the motor vehicle used for employment purposes without the installation of the ignition interlock device. This will occur only when the employer has been notified that the defendant is required to use an ignition interlock device on all other vehicles which he/she owns and operates.

Once the order for the installation of the ignition interlock device has been granted the court must follow strict procedure to be sure that the transportation cabinet record reflects the order appropriately. First the court order must be transferred to the transportation cabinet and the order must direct the transportation cabinet to have their records reflect that (1) that said person shall not operate a motor vehicle or motorcycle without a device unless they have been authorized to do so in an employment vehicle and (2) whether or not the court has expressly permitted the use of a vehicle for employment purposes. The transportation cabinet must also be directed to attach some sort of notice on the offender’s driver’s license which denotes that he/she is not authorized to operate or drive a motor vehicle without an ignition interlock device and if the offender has been given the employment exception that must also be denoted on the notification on the license. The order sent to the transportation cabinet must further require proof that the device was installed properly. Also, the offender must periodically report that the device is functioning properly. In order for the device to function properly the offender must have the ignition interlock device monitored and serviced every thirty days. Further, the offender must pay costs and fees associated with installation and maintenance of the device.

The transportation cabinet has further responsibilities to certify the device which is installed in the offender’s vehicle(s). More than just the device, the transportation cabinet must also certify and insure the work of the workers installing the ignition interlock device. The cabinet must also approve the entities which service and monitor the device and these entities must report the driving activity of the offender within seven days of each servicing. These driving reports must be sent to the court, the prosecuting attorney, and the defendant. Additionally, the Cabinet must publish approved installers, devices, and monitoring entities. A warning label must also be developed and placed on every ignition interlock device.

Once an ignition interlock device has been installed it is unlawful for anyone to start a motor vehicle with the purpose to provide an operable motor vehicle for someone subject to the ignition interlock statute, to tamper with the device, to install a defective device, nor should anyone direct another to install a defective device knowing it to be defective. Anyone who starts a motor vehicle for the purpose of provide an operable car to one subject to the ignition interlock device for the first time shall be guilty of a Class B misdemeanor and anyone committing a second offense for starting a car unlawfully is guilty of a Class A misdemeanor. Anyone knowingly installing a defective device or tampering with a device shall, for a first offense, be guilty of Class B misdemeanor. A second offender is guilty of a Class A misdemeanor and will be prohibited from further installing any devices on a vehicle or directing another to do so. Finally, when one is found to have directed another to install a defective device knowing the device to be defective shall be guilty of a Class B misdemeanor for a first offense. For a second offense one shall be guilty of a Class A misdemeanor and shall be prohibited from directing anyone to install any ignition interlock device on a vehicle.

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