Summary Of Minnesota Ignition Interlock Pilot Program

In 2011, Minnesota's DWI laws were modified to include an Ignition Interlock pilot program. It allows driver's with suspended, revoked or cancelled licenses to reinstate their driving privileges early than had previously been allowed IF the driver is willing to have an ignition interlock installed in their vehicle.

What is an Ignition Interlock?

It is a device that is installed that requires a breath test indicating that the driver's blood alcohol concentration is below .02 before the vehicle will start. The device will indicate whether the driver "failed" or "passed" the test.

Any driver of the vehicle must blow into the device for 2 to 5 seconds before the vehicle will start The device may also require periodic samples after the vehicle has been started. If a non-complying sample is provided after the vehicle has been started, it is logged I the computer memory. The vehicle will not shut off, but the device will request that the driver take the vehicle in for calibration where the device's computer would reveal a violation.

Monthly reviews of the device are required to determine proper calibration and/or whether the diver committed violations by providing a failed breath sample or by tampering with or disconnecting the device.

When can an Ignition Interlock be used?

A driver's with a first or second DWI offense may immediately reinstate full driving privileges with the installation of an ignition interlock device. For a driver with three, four , five or more DWI offenses, limited driving privileges are available during the first year of revocation or cancellation, and full driving privileges re available for the remaining revocation or cancellation period so long as continued alcohol abstinence is demonstrated including monitoring through the ignition interlock device.

New Criminal violations

With the Ignition Interlock System comes new potential criminal charges for violating terms of use.

(1)Minnesota Statutes Sec. 171.09, subd. 1(d)(2): It is a misdemeanor for a person who holds a restricted license issued under section 171.306 (Ignition Interlock) to drive, operate or be in physical control of any motor vehicle that is not equipped with a functioning ignition interlock device certified by the commissioner.
(2)Minnesota Statutes Sec. 171.306, subd. 6(a): It is a misdemeanor for a person to lend, rent or lease a motor vehicle that is not equipped wit a functioning ignition Interlock device certified by the commissioner to a person with a restricted interlock license.
(3)Minnesota Statutes Sec. 171.306, subd. 6(b): It is a misdemeanor for a person to tamper with, circumvent, or bypass the ignition interlock device, or assists another to do so.

Will Interlock Devices Affect Criminal Sentences?

Presently, Minnesota statutes include mandatory sentences for repeat DWi offenders. However, Minnesota Statutes Sec. 169.275, subd. (7) allows a Judge to deviate from mandatory sentencing for DWi offenses under 169A.275, subd. (1) - (4) if the Judge requires the person to use an interlock device for any driving under section 171.306