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Transportation – week of April 7, 2014

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SF 2299 – Ignition Interlock Devices for OWI offenders

 

FLOOR ACTION:

SF 2299 was approved 28-20 by the Senate on March 11. The bill makes changes to Iowa’s operating-while-intoxicated (OWI) law. The Senate bill and changes approved by the House on March 24 are as follows:

• Giving first-time OWI offenders the choice to: (a) Install an Ignition Interlock Device (IID), get a temporary restricted license and drive immediately for any lawful purpose. Those who choose this option will get their fine cut in half; and (b) Wait out their six-month driver’s license suspension and pay the full fine. (The House amendment created contradictory and unenforceable language on driving restrictions for temporary restricted licenses, according to the Department of Transportation.)

• Allowing second-time offenders to get an IID, get a temporary restricted license, and drive immediately for any lawful purpose. (The House amendment made driving restrictions apply for repeat offenders.)

• Defining a “lockout.” A “lockout” is when the vehicle is disabled after three consecutive blows into an IID within 15 minutes that register a blood alcohol content above 0.04. (The House amendment eliminated this provision)

• Requiring no “lockouts” for the three months prior to getting the IID removed and full driving privileges reinstated. The time for having an IID will be extended indefinitely until the person achieves no lockouts for at least three months. (The House amendment eliminated this provision).

• DOT will adopt rules requiring IID providers to submit electronic reports on devices installed on the vehicles of those seeking license reinstatement, including instances of tampering, circumvention or removal. The reports must include detection of alcohol concentrations that would disable the vehicle. (The House amendment eliminated this provision).

• Waiting periods and driving restrictions are maintained for those whose licenses are revoked for third or subsequent OWI convictions and offenses involving a death.

• Setting the rate that IID vendors can charge low-income offenders at $250 for six months. (The House amendment eliminated this provision).

(The House amendment also required those who refuse a blood alcohol content test to plead guilty to be eligible for a temporary restricted license.) [4/7: Senate voted not to concur with the House amendment]


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