Indiana § 9-30-8-8 - Repealed

§ 9-30-8-8. Repealed

As added by P.L.71-2016, SEC.4. Repealed by P.L.28-2026, SEC.13.

IC 9-30-8.1Chapter 8.1. Registration of Ignition Interlock Devices

9-30-8.1-1Definitions 9-30-8.1-2Standards and specifications for registration 9-30-8.1-3Registration form 9-30-8.1-4Term of registration; renewal 9-30-8.1-5Material modifications; written attestation 9-30-8.1-6Review; denial; petition for review; revocation

IC 9-30-8.1-1Definitions Sec. 1. The following definitions apply throughout this chapter:

(1) "Fail point" means an alcohol concentration of at least two-hundredths (0.02) gram per one hundred (100) milliliters of blood or two hundred ten (210) liters of breath or a higher alcohol concentration prescribed by the originating court.

(2) "Lockout" means a period of time when the ignition interlock device does not allow a breath sample to be analyzed or a vehicle's engine to be started.

(3) "Material modification" means an addition or reduction in features, software version change, configuration profile change, or alteration in the components, design, or installation or operating instructions of a registered ignition interlock device model.

(4) "Random retest" means a breath test required at randomly variable intervals from the operator of a vehicle equipped with an ignition interlock device to ensure that the operator's alcohol concentration remains below the fail point after vehicle start up.

(5) "Restricted operator" means a person whose driving privileges are restricted to operating only motor vehicles equipped with a functioning registered ignition interlock device.

(6) "Service" means to calibrate, maintain, download data from, inspect for evidence of tampering or circumvention, and report information to the appropriate authorities.

(7) "Vendor" means a producer, provider, distributor, or supplier of an ignition interlock device.

(8) "Violation reset" means activation of a requirement for service of an ignition interlock device.

As added by P.L.28-2026, SEC.14.

IC 9-30-8.1-2Standards and specifications for registration Sec. 2. In order to be registered, an ignition interlock device model must meet or exceed the following standards and specifications:

(1) The Model Specifications for Breath Alcohol Ignition Interlock Devices in section III, beginning on page 26862, published by the National Highway Traffic Safety Administration in the Federal Register, Volume 78, Number 089, on May 8, 2013, on pages 26849-26867, including:

(A) the General Provisions and Features of Breath Alcohol Ignition Interlock Devices; and

(B) the Performance Requirements in the Conformance Tests 1 through 16 when performed under the General Test Conditions.

(2) Require the operator of a vehicle equipped with the ignition interlock device to submit to a random retest within a variable interval ranging from three (3) to fifteen (15) minutes of starting the vehicle, with random retests continuing at variable intervals ranging from fifteen (15) to forty-five (45) minutes after the previous retest for the duration of the travel.

(3) Have the capability to activate a violation reset with notification to the vehicle operator when any one (1) of the following occurs:

(A) There is a circumvention of the correct operation of the ignition interlock device by the vehicle being started without a breath test below the fail point having first been provided.

(B) A breath test result at or above the fail point is recorded during a vehicle start-up attempt.

(C) A breath test result at or above the fail point is recorded during a vehicle start-up attempt, and a breath test result below the fail point is not recorded within ten (10) minutes after the initial breath test result at or above the fail point was recorded.

(D) A random retest result at or above the fail point is recorded.

(E) The vehicle operator fails to provide a breath sample below the fail point within six (6) minutes of notification of a required random retest.

(F) The ignition interlock device control head is disconnected after the vehicle is started.

(G) The ignition interlock device is not serviced by the vendor or provider within thirty-seven (37) days of installation or the previous service date.

(4) Have the capability to repeatedly sound the horn of a vehicle equipped with the ignition interlock device until the vehicle is turned off when any one (1) of the following occurs:

(A) A violation reset occurs from a missed random retest.

(B) The result of a random retest is at or above the fail point.

(C) There is a disconnection of the ignition interlock device control head for longer than one (1) minute after vehicle start-up.

(5) Activate a lockout after a violation reset if the ignition interlock device is not serviced by the vendor or provider within five (5) days of initiation of the violation reset.

(6) Contain an image identification device that:

(A) does not distract or impede the vehicle operator from safe and legal operation of the vehicle;

(B) produces a digital or photographic image of the vehicle operator:

(i) upon delivery of a sample required for vehicle start-up; and

(ii) upon delivery of a sample during a required random retest;

in various lighting conditions, including, but not limited to, brightness, darkness, and low light conditions;

(C) documents the date and time of a digital or photographic image produced; and

(D) stores the digital or photographic images and data produced in the device memory for download by the vendor or provider.

(7) Have a label affixed warning a person that tampering with or misusing the device is a crime and may subject that person to criminal and civil penalties.

As added by P.L.28-2026, SEC.14.

IC 9-30-8.1-3Registration form Sec. 3. The registration form required in IC 9-30-8-3 shall include:

(1) the vendor or provider's name, address, telephone number, and electronic mail address;

(2) the name, telephone number, and electronic mail address of a contact person authorized to represent the vendor or provider;

(3) the name and number of the ignition interlock device model for which registration is sought;

(4) a list of other states in which the same ignition interlock device model has been approved for use;

(5) a precise set of specifications describing the features of the ignition interlock device model;

(6) the operator's manual, user's guide, or instructions provided to restricted operators using the ignition interlock device model;

(7) a written attestation that the ignition interlock device meets the registration standards and specifications described in section 2 of this chapter; and

(8) an agreement to provide, upon the request by the state department of toxicology, a report from an independent accredited laboratory showing that the device meets the required standards and specifications, and a copy of the accreditation of each laboratory.

As added by P.L.28-2026, SEC.14.

IC 9-30-8.1-4Term of registration; renewal Sec. 4. (a) Upon receipt of the information described in section 3 of this chapter, the ignition interlock device shall be deemed registered for a period of three years unless it is surrendered, suspended, or revoked prior to expiration.

(b) To renew a registration of an ignition interlock device model, the vendor or provider must submit the information required under section 3 of this chapter to the state department of toxicology.

As added by P.L.28-2026, SEC.14.

IC 9-30-8.1-5Material modifications; written attestation Sec. 5. During the registration period of a registered ignition interlock device model, the vendor or provider of the device must provide written notice to the state department of toxicology of a material modification of the registered ignition interlock device model prior to implementation of the material modification in Indiana and submit a written attestation described in section 3(7) of this chapter.

As added by P.L.28-2026, SEC.14.

IC 9-30-8.1-6Review; denial; petition for review; revocation Sec. 6. (a) The registration of an ignition interlock device model may be reviewed by the state department of toxicology during the course of the registration period.

(b) The director of the state department of toxicology may deny a registration or renewal of a registration of an ignition interlock device model and may suspend or revoke a registration of an ignition interlock device model upon receiving evidence that the ignition interlock device model does not comply with a requirement of this chapter.

(c) An order denying a registration of an ignition interlock device model under this section shall be issued by the director of the state department of toxicology following the requirements of IC 4-21.5-3-5.

(d) If a petition for review of an order issued under subsection (c) is subsequently granted under IC 4-21.5-3-7, the resulting administrative proceeding shall be conducted by the state department of toxicology.

(e) An order suspending or revoking a registration of an ignition interlock device model shall be issued by the director of the state department of toxicology in accordance with IC 4-21.5-3-6.

As added by P.L.28-2026, SEC.14.

IC 9-30-9Chapter 9. Circuit Court Alcohol Abuse Deterrent Programs

9-30-9-0.5Applicability after June 30, 2005 9-30-9-1Application 9-30-9-2Establishment 9-30-9-3Application to criminal proceedings; judicial notice; deferred proceedings; order to complete program 9-30-9-4Violation of conditions; resumption of proceedings; compliance with conditions; dismissal of charges 9-30-9-5Conditionally deferred charges; suspension of driving privileges; ignition interlock device 9-30-9-6Probation; referral of defendant to program 9-30-9-7Referral of defendant to program; suspension of driving privileges; ignition interlock device 9-30-9-7.5Offenses; operating motor vehicle without ignition interlock device 9-30-9-8Program fee; medical fee; indigent defendant 9-30-9-9County alcohol abuse deterrent fund 9-30-9-10Court duties 9-30-9-11Repealed