Ignition Interlock Devices in Alaska

Ignition Interlock Ignition Interlock Devices in AlaskaDevices in Alaska

““It was my choice to drive, but three It was my choice to drive, but three DUI’s I got were all reported to DUI’s I got were all reported to police by witnesses and, believe me, police by witnesses and, believe me, I’d like to thank them for their I’d like to thank them for their concerns, but I know for sure that I concerns, but I know for sure that I would have made my destinations would have made my destinations just fine.”just fine.”

-- taken from a letter to the Corrections Commissioner-- taken from a letter to the Corrections Commissioner

An ignitionAn ignitioninterlock device (IID) is …interlock device (IID) is …

a breath alcohol measuring device that a breath alcohol measuring device that prevents a vehicle from starting if it prevents a vehicle from starting if it measures a blood alcohol concentration measures a blood alcohol concentration (BAC) at .02 to .04 (typically). (BAC) at .02 to .04 (typically).

The IID is located inside the vehicle, near The IID is located inside the vehicle, near the driver’s seat and mounted on the the driver’s seat and mounted on the dashboard, and is connected to the engine's dashboard, and is connected to the engine's ignition system. It is about the size of a cell ignition system. It is about the size of a cell phone.phone.

In addition, these devices …In addition, these devices … Can be installed in construction equipment, Can be installed in construction equipment,

commercial vehicles, motorcycles, commercial vehicles, motorcycles, scooters, and snowmobiles.scooters, and snowmobiles.

Are designed to make sure a human being Are designed to make sure a human being is providing the breath sample.is providing the breath sample.

To make sure the driver is the person To make sure the driver is the person tested, IIDs generally require a re-test tested, IIDs generally require a re-test while the vehicle is being driven. while the vehicle is being driven.

If a “rolling” test fails, the device will If a “rolling” test fails, the device will record that information and shut down record that information and shut down the vehicle.the vehicle.

The vehicle will not be disabled in a way The vehicle will not be disabled in a way that creates a traffic hazard, however.that creates a traffic hazard, however.

With a failed test, the vehicle will operate With a failed test, the vehicle will operate but with an alarm activated, horn but with an alarm activated, horn sounding and lights flashing for example.sounding and lights flashing for example.

Can IIDs prevent drunk Can IIDs prevent drunk driving?driving? Yes. The International Council on Alcohol, Yes. The International Council on Alcohol,

Drugs and Traffic Safety maintains that Drugs and Traffic Safety maintains that IIDs, when combined with a IIDs, when combined with a comprehensive monitoring and service comprehensive monitoring and service program, lead to a 40-95% reduction in the program, lead to a 40-95% reduction in the rate of repeat drunk driving offenses rate of repeat drunk driving offenses among offenders as long as the IID among offenders as long as the IID remains on the vehicle. remains on the vehicle.

-- California Department of Motor Vehicles-- California Department of Motor Vehicles

The Department of The Department of Corrections ConnectionCorrections Connection

Alaska statute AS 33.05.020 assigns Alaska statute AS 33.05.020 assigns three duties to the Commissioner:three duties to the Commissioner:

1. Make sure qualified Probation Officers 1. Make sure qualified Probation Officers are assigned to Superior Courts, and, 2, are assigned to Superior Courts, and, 2, make sure these POs are paid and have make sure these POs are paid and have clerical support.clerical support.

The third duty brings interlock devices The third duty brings interlock devices into the picture …into the picture …

(c) The commissioner shall by regulation(c) The commissioner shall by regulation

(1)(1) establish standards for calibration, establish standards for calibration, certification, maintenance, and monitoring certification, maintenance, and monitoring of ignition interlock devices required as a of ignition interlock devices required as a condition of probation … condition of probation …

(2)(2) establish a fee to be paid by the establish a fee to be paid by the manufacturer for the cost of certifying an manufacturer for the cost of certifying an ignition interlock device.ignition interlock device.

But it’s never that simple …But it’s never that simple … Part (d) requires (through regulation) that Part (d) requires (through regulation) that

the devices which are certified will operate the devices which are certified will operate anywhere in Alaska, in all environments.anywhere in Alaska, in all environments.

Part (e) requires the devices to have a Part (e) requires the devices to have a sticker stating any tampering with or sticker stating any tampering with or circumventing the device is in violation of AS circumventing the device is in violation of AS 11.76.140 and may be imprisoned up to 30 11.76.140 and may be imprisoned up to 30 days and be fined up to $500.days and be fined up to $500.

Part (d) brings a small dilemmaPart (d) brings a small dilemma Manufacturers do not certify these devices for Manufacturers do not certify these devices for

extreme cold weather; if it’s colder than 5 extreme cold weather; if it’s colder than 5 degrees to -40 degrees (depending on which degrees to -40 degrees (depending on which brand of device you’re using) you have to pre-brand of device you’re using) you have to pre-warm the unit before it will work.warm the unit before it will work.

The devices are designed so the measuring The devices are designed so the measuring unit can be easily detached and taken inside to unit can be easily detached and taken inside to warm up.warm up.

It’s the user’s responsibility to properly pre-It’s the user’s responsibility to properly pre-warm the device.warm the device.

The certification process …The certification process … At present, four vendor companies are certified to At present, four vendor companies are certified to

provide ignition interlock devices in Alaska.provide ignition interlock devices in Alaska. These are: Autosense of Alaska LLC, Draeger These are: Autosense of Alaska LLC, Draeger

Safety Diagnostics, Inc.; LifeSafer of Alaska; and Safety Diagnostics, Inc.; LifeSafer of Alaska; and Smart Start of Alaska.Smart Start of Alaska.

All are certified for all of AlaskaAll are certified for all of Alaska To gain certification, vendors must pay a $1000 To gain certification, vendors must pay a $1000

initial application fee, or a $500 recertification fee. initial application fee, or a $500 recertification fee.

The applicant must …The applicant must … Provide proof from a testing laboratory Provide proof from a testing laboratory

that vendor’s devices meet or exceed that vendor’s devices meet or exceed standards set by Alaska statute and standards set by Alaska statute and regulation.regulation.

Provide a list of authorized installers Provide a list of authorized installers (who are qualified to install, calibrate, (who are qualified to install, calibrate, maintain and remove the devices) and maintain and remove the devices) and their addresses.their addresses.

Certification standards … Certification standards … Alaska’s certification standards are those that are Alaska’s certification standards are those that are

set by the National Highway Traffic Safety set by the National Highway Traffic Safety Administration’s model specifications as found in Administration’s model specifications as found in the Federal Register, Vol. 57, No. 67, April 7 the Federal Register, Vol. 57, No. 67, April 7 1992, docket No. 91-07, notice 2.1992, docket No. 91-07, notice 2.

Draft regulations were posted in 2006, but these Draft regulations were posted in 2006, but these have never been adopted.have never been adopted.

Regulation requires Regulation requires reporting.reporting. The vendor (installer) is required to inspect the device The vendor (installer) is required to inspect the device

every 90 days.every 90 days. The device makes a record of every time it is used. If The device makes a record of every time it is used. If

there’s an attempt to circumvent or tamper with the there’s an attempt to circumvent or tamper with the device, it will be recorded.device, it will be recorded.

The 90-day inspections provide for this record to be The 90-day inspections provide for this record to be downloaded and retained.downloaded and retained.

The vendor is required to keep copies of these records as The vendor is required to keep copies of these records as well as a report on the inspection.well as a report on the inspection.

The vendor must supply these records to the court, motor The vendor must supply these records to the court, motor vehicles and/or the Department of Corrections, if asked. vehicles and/or the Department of Corrections, if asked.

These regulations are being These regulations are being updated to requireupdated to require … … The vendor (manufacturer’s authorized The vendor (manufacturer’s authorized

installer) to report evidence of circumvention installer) to report evidence of circumvention or tampering to 1. the court of conviction, 2. or tampering to 1. the court of conviction, 2. Division of Motor Vehicles, and 3. the Division of Motor Vehicles, and 3. the Department of Corrections …Department of Corrections …

within 72 hours.within 72 hours. The vendor will also be required to retain The vendor will also be required to retain

records of their inspections for three years.records of their inspections for three years.

www.correct.state.ak.us/www.correct.state.ak.us/corrections/admin/corrections/admin/departments/documents/departments/documents/ignitioninterlock.htmlignitioninterlock.html

http://www.correct.state.ak.us/

FAQs:FAQs: How is information gathered?How is information gathered? The IID has a built in data recorder with its The IID has a built in data recorder with its

own power source. Every request for a own power source. Every request for a breath sample and every breath sample breath sample and every breath sample itself is recorded and held in the data itself is recorded and held in the data recorder until the data is downloaded by the recorder until the data is downloaded by the service provider, who is responsible for the service provider, who is responsible for the maintenance of the equipment.maintenance of the equipment.

-- Yukon Department of Community Services-- Yukon Department of Community Services

How do these devices work?How do these devices work? Modern ignition interlock devices use an Modern ignition interlock devices use an

ethanol-specific fuel cell for a sensor. A fuel ethanol-specific fuel cell for a sensor. A fuel cell sensor is an electrochemical device in cell sensor is an electrochemical device in which alcohol undergoes a chemical oxidation which alcohol undergoes a chemical oxidation reaction at a catalytic electrode surface reaction at a catalytic electrode surface (platinum) to generate an electric current.(platinum) to generate an electric current.

This current is then measured and converted to This current is then measured and converted to an alcohol equivalent reading. Although fuel an alcohol equivalent reading. Although fuel cell technology is not as accurate or reliable as cell technology is not as accurate or reliable as infrared spectroscopy technology used in infrared spectroscopy technology used in evidentiary breathalyzers, they are cheaper evidentiary breathalyzers, they are cheaper and tend to be more specific for alcohol.and tend to be more specific for alcohol.

-- wikipedia-- wikipedia

The devices keep a record of the activity on the The devices keep a record of the activity on the device and the interlocked vehicle's electrical device and the interlocked vehicle's electrical system. This record, or log, is printed out or system. This record, or log, is printed out or downloaded each time the device's sensors downloaded each time the device's sensors are calibrated. are calibrated. Periodic calibration is performed using either a Periodic calibration is performed using either a pressurized alcohol–gas mixture at a known pressurized alcohol–gas mixture at a known alcohol concentration, or with an alcohol wet alcohol concentration, or with an alcohol wet bath arrangement that contains a known bath arrangement that contains a known alcohol solutionalcohol solution

Ignition Interlock History In Alaska 1989

AS 09.50.250 - Can’t sue the state for an AS 09.50.250 - Can’t sue the state for an action arising from use of ignition action arising from use of ignition interlockinterlock

AS 12.55.102 – New sentencing statuteAS 12.55.102 – New sentencing statute IID may be condition of probationIID may be condition of probation

AS 11.76.140 – Avoidance of IID a AS 11.76.140 – Avoidance of IID a misdemeanormisdemeanor

Ignition Interlock History In Alaska

1989 1989 AS 28.35.030(DUI) and AS 28.35.032 AS 28.35.030(DUI) and AS 28.35.032

(Refusal) are amended to provide that (Refusal) are amended to provide that probation may include IIDprobation may include IID

AS 33.05.020(c) is added to require DOC AS 33.05.020(c) is added to require DOC Commissioner establish IID standardsCommissioner establish IID standards

(33.05.020(c) has not been amended since)(33.05.020(c) has not been amended since)


19951995 Legislature enacts Felony DUI and Legislature enacts Felony DUI and

Refusal statutes, Refusal statutes, Both still potentially eligible for IID as Both still potentially eligible for IID as probation condition.probation condition.AS 28.15.201 (Limited licenses) does AS 28.15.201 (Limited licenses) does not yet address IIDsnot yet address IIDs


20042004 IID now may be part of a sentence for IID now may be part of a sentence for

alcohol related crimealcohol related crime AS 28.15.201(d) Changes when a AS 28.15.201(d) Changes when a

limited license may be issued by court limited license may be issued by court or DMV – includes use of IIDs, but still or DMV – includes use of IIDs, but still provides that no Limited License for provides that no Limited License for felony, repeat offender, or refusalfelony, repeat offender, or refusal


. . . 2004. . . 2004 AS 28.35.030(s) added to require IID AS 28.35.030(s) added to require IID

for six months when breath test is .16 for six months when breath test is .16 or over or over afterafter privilege to drive is privilege to drive is restored (one year of .24 or over) Not restored (one year of .24 or over) Not dependent on probationdependent on probation(This statute is still in effect)(This statute is still in effect)


20082008 New Ignition Interlock law passed New Ignition Interlock law passed

AllAll DUI and Refusal sentences include, DUI and Refusal sentences include,““the court shall . . . require the person to use the court shall . . . require the person to use an ignition interlock device after the person an ignition interlock device after the person regains the privilege . . . to operate a motor regains the privilege . . . to operate a motor vehicle for a minimum of ___ months/years vehicle for a minimum of ___ months/years during the period of probationduring the period of probation . . . .” . . . .”

ELIGIBILITY FOR IIDELIGIBILITY FOR IID

LIMITED LICENSE – AS 28.15.201(d)LIMITED LICENSE – AS 28.15.201(d) DMV or Court OrderedDMV or Court Ordered

Misdemeanor DUI – not for RefusalMisdemeanor DUI – not for Refusal No violation ofNo violation of

IID statute – AS 11.76.140IID statute – AS 11.76.140 Probation when on probation for DUI or Probation when on probation for DUI or

RefusalRefusal


Must acknowledge that Must acknowledge that tampering or circumventing IID is tampering or circumventing IID is a crime and . . . a crime and . . .


Driving a vehicle without an IID Driving a vehicle without an IID has the same penalty as Driving has the same penalty as Driving While License Revoked, While License Revoked, Suspended, or in Violation of a Suspended, or in Violation of a Limitation – Class A MisdemeanorLimitation – Class A Misdemeanor

HOW DOES IT WORK?HOW DOES IT WORK?

First DUI ConvictionFirst DUI ConvictionAS 28.15.181 provides:AS 28.15.181 provides:

License suspended for at leastLicense suspended for at least 90 Days 90 Days IID required for minimum of one year during IID required for minimum of one year during

probationprobation Eligible after 30 days Eligible after 30 days

HOW DOES IT WORK?HOW DOES IT WORK?

Second (and subsequent but NOT Second (and subsequent but NOT felony) DUI Convictionfelony) DUI Conviction

AS 28.15.181 provides:AS 28.15.181 provides: License suspended for at least one yearLicense suspended for at least one year IID required for minimum of two years during IID required for minimum of two years during

probationprobation Eligible after 90 daysEligible after 90 days

ENFORCEMENTENFORCEMENT

If IID is permitted, court will issue If IID is permitted, court will issue document replacing license stating document replacing license stating that person must have an IID that person must have an IID installed on whatever vehicle is installed on whatever vehicle is being driven. being driven.


(iii) the person is required to maintain the (iii) the person is required to maintain the ignition interlock device throughout the ignition interlock device throughout the period of the limited license, to keep up-period of the limited license, to keep up-to-date records in each vehicle showing to-date records in each vehicle showing that any required service and calibration that any required service and calibration is current, and to produce those records is current, and to produce those records immediately on request; immediately on request;


The vendor must keep records of The vendor must keep records of IIDs and supply these records to the IIDs and supply these records to the court, motor vehicles and/or the court, motor vehicles and/or the Department of Corrections, if asked.Department of Corrections, if asked.


A person with an ignition interlock A person with an ignition interlock prior to January 1, 2009 is subject to prior to January 1, 2009 is subject to former law, i.e., maximum 30 days in former law, i.e., maximum 30 days in jail / $500 fine.jail / $500 fine.

New law in effect 1/1/2009 only New law in effect 1/1/2009 only applies to arrests and convictions applies to arrests and convictions after that date.after that date.

Documents

Ignition Interlock Devices in Alaska