Drunk Driving Accident

New York State Consolidated Laws : Vehicle & Traffic

ARTICLE 31
ALCOHOL AND DRUG-RELATED OFFENSES
AND PROCEDURES APPLICABLE THERETO

S 1195. Chemical test evidence - * S 1198. Ignition interlock device program.

S 1195. Chemical test evidence. 1. Admissibility. Upon the trial of
any action or proceeding arising out of actions alleged to have been
committed by any person arrested for a violation of any subdivision of
section eleven hundred ninety-two of this article, the court shall admit
evidence of the amount of alcohol or drugs in the defendant`s blood as
shown by a test administered pursuant to the provisions of section elev-
en hundred ninety-four of this article.
2. Probative value. The following effect shall be given to evidence of
blood-alcohol content, as determined by such tests, of a person arrested
for violation of section eleven hundred ninety-two of this article:
(a) Evidence that there was .05 of one per centum or less by weight of
alcohol in such person`s blood shall be prima facie evidence that the
ability of such person to operate a motor vehicle was not impaired by
the consumption of alcohol, and that such person was not in an intoxi-
cated condition;
(b) Evidence that there was more than .05 of one per centum but not
more than .07 of one per centum by weight of alcohol in such person`s
blood shall be prima facie evidence that such person was not in an
intoxicated condition, but such evidence shall be relevant evidence, but
shall not be given prima facie effect, in determining whether the abili-
ty of such person to operate a motor vehicle was impaired by the
consumption of alcohol; and
(c) Evidence that there was more than .07 of one per centum but less
than .10 of one per centum by weight of alcohol in such person`s blood
shall be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be given prima facie effect in deter-
mining whether the ability of such person to operate a motor vehicle was
impaired by the consumption of alcohol.
3. Suppression. A defendant who has been compelled to submit to a
chemical test pursuant to the provisions of subdivision three of section
eleven hundred ninety-four of this article may move for the suppression
of such evidence in accordance with article seven hundred ten of the
criminal procedure law on the grounds that the order was obtained and
the test administered in violation of the provisions of such subdivision
or any other applicable law.

S 1196. Alcohol and drug rehabilitation program. 1. Program establish-
ment. There is hereby established an alcohol and drug rehabilitation
program within the department of motor vehicles. The commissioner shall
establish, by regulation, the instructional and rehabilitative aspects
of the program. Such program shall consist of at least fifteen hours and
include, but need not be limited to, classroom instruction in areas
deemed suitable by the commissioner. No person shall be required to
attend or participate in such program or any aspect thereof for a period
exceeding eight months except upon the recommendation of the department
of mental hygiene or appropriate health officials administering the
program on behalf of a municipality.
2. Curriculum. The form, content and method of presentation of the
various aspects of such program shall be established by the commission-
er. In the development of the form, curriculum and content of such
program, the commissioner may consult with the commissioner of mental
health, the director of the division of alcoholism and alcohol abuse,
the director of the division of substance abuse services and any other
state department or agency and request and receive assistance from them.
The commissioner is also authorized to develop more than one curriculum
and course content for such program in order to meet the varying rehabi-
litative needs of the participants.
3. Where available. A course in such program shall be available in at
least every county in the state, except where the commissioner deter-
mines that there is not a sufficient number of alcohol or drug-related
traffic offenses in a county to mandate the establishment of said
course, and that provisions be made for the residents of said county to
attend a course in another county where a course exists.
4. Eligibility. Participation in the program shall be limited to those
persons convicted of alcohol or drug-related traffic offenses or persons
who have been adjudicated youthful offenders for alcohol or drug-related
traffic offenses, or persons found to have been operating a motor vehi-
cle after having consumed alcohol in violation of section eleven hundred
ninety-two-a of this article, who choose to participate and who satisfy
the criteria and meet the requirements for participation as established
by this section and the regulations promulgated thereunder; provided,
however, in the exercise of discretion, the judge imposing sentence may
prohibit the defendant from enrolling in such program. The commissioner
or deputy may exercise discretion, to reject any person from partic-
ipation referred to such program and nothing herein contained shall be
construed as creating a right to be included in any course or program
established under this section. In addition, no person shall be permit-
ted to take part in such program if, during the five years immediately
preceding commission of an alcohol or drug-related traffic offense or a
finding of a violation of section eleven hundred ninety-two-a of this
article, such person has participated in a program established pursuant
to this article or been convicted of a violation of any subdivision of
section eleven hundred ninety-two of this article other than a violation
committed prior to November first, nineteen hundred eighty-eight, for
which such person did not participate in such program. In the exercise
of discretion, the commissioner or a deputy shall have the right to
expel any participant from the program who fails to satisfy the require-
ments for participation in such program or who fails to satisfactorily
participate in or attend any aspect of such program. Notwithstanding any
contrary provisions of this chapter, satisfactory participation in and
completion of a course in such program shall result in the termination
of any sentence of imprisonment that may have been imposed by reason of
a conviction therefor; provided, however, that nothing contained in this
section shall delay the commencement of such sentence.
5. Effect of completion. Except as provided in subparagraph nine of
paragraph (b) of subdivision two of section eleven hundred ninety-three
or in subparagraph three of paragraph (d) of subdivision two of section
eleven hundred ninety-four of this article, upon successful completion
of a course in such program as certified by its administrator, a partic-
ipant may apply to the commissioner on a form provided for that purpose,
for the termination of the suspension or revocation order issued as a
result of the participant`s conviction which caused the participation in
such course. In the exercise of discretion, upon receipt of such appli-
cation, and upon payment of any civil penalties for which the applicant
may be liable, the commissioner is authorized to terminate such order or
orders and return the participant`s license or reinstate the privilege
of operating a motor vehicle in this state. However, the commissioner
shall not issue any new license nor restore any license where said issu-
ance of restoral is prohibited by subdivision two of section eleven
hundred ninety-three of this article.
6. Fees. The commissioner shall establish a schedule of fees to be
paid by or on behalf of each participant in the program, and may, from
time to time, modify same. Such fees shall defray the ongoing expenses
of the program. Provided, however, that pursuant to an agreement with
the department a municipality, department thereof, or other agency may
conduct a course in such program with all or part of the expense of such
course and program being borne by such municipality, department or agen-
cy. In no event shall such fee be refundable, either for reasons of the
participant`s withdrawal or expulsion from such program or otherwise.
7. Conditional license. (a) Notwithstanding any inconsistent
provision of this chapter, participants in the program, except those
penalized under paragraph (d) of subdivision one of section eleven
hundred ninety-three of this article for any violation of subdivision
two, three, or four of section eleven hundred ninety-two of this arti-
cle, may, in the commissioner`s discretion, be issued a conditional
driver`s license, or if the holder of a license issued by another juris-
diction valid for operation in this state, a conditional privilege of
operating a motor vehicle in this state. Such a conditional license or
privilege shall be valid only for use, by the holder thereof, (1)
enroute to and from the holder`s place of employment, (2) if the hold-
er`s employment requires the operation of a motor vehicle then during
the hours thereof, (3) enroute to and from a class or an activity which
is an authorized part of the alcohol and drug rehabilitation program and
at which his attendance is required, (4) enroute to and from a class or
course at an accredited school, college or university or at a state
approved institution of vocational or technical training, (5) to or from
court ordered probation activities, (6) to and from a motor vehicle
office for the transaction of business relating to such license or
program, (7) for a three hour consecutive daytime period, chosen by the
administrators of the program, on a day during which the participant is
not engaged in usual employment or vocation, (8) enroute to and from a
medical examination or treatment as part of a necessary medical treat-
ment for such participant or member of the participant`s household, as
evidenced by a written statement to that effect from a licensed medical
practitioner, and (9) enroute to and from a place, including a school,
at which a child or children of the holder are cared for on a regular
basis and which is necessary for the holder to maintain such holder`s
employment or enrollment at an accredited school, college or university
or at a state approved institution of vocational or technical training.
Such license or privilege shall remain in effect during the term of the
suspension or revocation of the participant`s license or privilege
unless earlier revoked by the commissioner.
(b) The conditional license or privilege described in paragraph (a) of
this subdivision shall be in a form prescribed by the commissioner, and
shall have indicated thereon the conditions imposed by such paragraph.
(c) Upon receipt of a conditional license issued pursuant to this
section, any order issued by a judge, justice or magistrate pursuant to
paragraph (c) of subdivision two of section eleven hundred ninety-three
of this article shall be surrendered to the department.
(d) The commissioner shall require applicants for a conditional
license to pay a fee of seventy-five dollars for processing costs. Such
fees assessed under this subdivision shall be paid to the commissioner
for deposit to the general fund and shall be in addition to any fees
established by the commissioner pursuant to subdivision six of this
section to defray the costs of the alcohol and drug rehabilitation
program.
(e) The conditional license or privileges described in this subdivi-
sion may be revoked by the commissioner, for sufficient cause including,
but not limited to, failure to register in the program, failure to
attend or satisfactorily participate in the sessions, conviction of any
traffic infraction other than one involving parking, stopping or stand-
ing or conviction of any alcohol or drug-related traffic offense, misde-
meanor or felony. In addition, the commissioner shall have the right,
after a hearing, to revoke the conditional license or privilege upon
receiving notification or evidence that the offender is not attempting
in good faith to accept rehabilitation. In the event of such revocation,
the fee described in subdivision six of this section shall not be
refunded.
(f) It shall be a traffic infraction for the holder of a conditional
license or privilege to operate a motor vehicle upon a public highway
for any use other than those authorized pursuant to paragraph (a) of
this subdivision. When a person is convicted of this offense, the
sentence of the court must be a fine of not less than two hundred
dollars nor more than five hundred dollars or a term of imprisonment of
not more than fifteen days or both such fine and imprisonment. Addi-
tionally, the conditional license or privileges described in this subdi-
vision shall be revoked by the commissioner upon receiving notification
from the court that the holder thereof has been convicted of this
offense.
(g) Any conditional license or privilege issued to a person convicted
of a violation of any subdivision of section eleven hundred ninety-two
of this article shall not be valid for the operation of any commercial
motor vehicle or taxicab as defined in this chapter.
(h) Notwithstanding any inconsistent provision of this chapter, the
conditional license described in this subdivision may, pursuant to regu-
lations established by the commissioner, be issued to a person whose
license has been suspended pending prosecution pursuant to subparagraph
seven of paragraph (e) of subdivision two of section eleven hundred
ninety-three of this article.

S 1197. Special traffic options program for driving while intoxicated.
"The program", as used in this section, shall mean the special traffic
options program for driving while intoxicated, a program established
pursuant to this section, and approved by the commissioner of motor
vehicles. 1. Program establishment. (a) Where a county establishes a
special traffic options program for driving while intoxicated, pursuant
to this section, it shall receive fines and forfeitures collected by any
court, judge, magistrate or other officer within that county, including,
where appropriate, a hearing officer acting on behalf of the commission-
er,: (1) imposed for violations of subparagraphs (ii) and (iii) of para-
graph (a) of subdivision two or subparagraph (i) of paragraph (a) of
subdivision three of section five hundred eleven of this chapter; (2)
imposed in accordance with the provisions of section eleven hundred
ninety-three and civil penalties imposed pursuant to subdivision two of
section eleven hundred ninety-four-a of this article, including, where
appropriate, a hearing officer acting on behalf of the commissioner,
from violations of sections eleven hundred ninety-two, eleven hundred
ninety-two-a and findings made under section eleven hundred
ninety-four-a of this article; and (3) imposed upon a conviction for:
vehicular assault in the first degree, pursuant to section 120.04 of the
penal law; vehicular assault in the second degree, pursuant to section
120.03 of the penal law; vehicular manslaughter in the first degree,
pursuant to section 125.13 of the penal law; and vehicular manslaughter
in the second degree, pursuant to section 125.12 of the penal law, as
provided in section eighteen hundred three of this chapter. Upon receipt
of these moneys, the county shall deposit them in a separate account
entitled "special traffic options program for driving while intoxicated"
and they shall be under the exclusive care, custody and control of the
chief fiscal officer of each county participating in the program.
(b) Expenditures from such account shall only be made pursuant to the
approval of a county program by the commissioner of motor vehicles. The
chief fiscal officer of each participating county shall, on a quarterly
basis, forward to the commissioner a written certificate of moneys
expended from such account.
2. Program organization. (a) Where a program is established by a coun-
ty, it shall be organized by a coordinator for the special traffic
options program for driving while intoxicated, who shall be designated
by the chief executive officer of the county, if there be one, otherwise
the chairman of the governing board of the county, or in the city of New
York, a person designated by the mayor thereof. Where a coordinator is
designated, the coordinator shall receive such salary and expenses as
the board of legislators or other governing body of such county may fix
and properly account for such expenses and shall serve at the pleasure
of such appointing body or officer. (b) In counties having a county
traffic safety board, the chief executive officer, if there be one,
otherwise the chairman of the governing board of the county or the mayor
of the city of New York, may designate the chairman of the board or a
member thereof as coordinator of the program.
3. Purposes. (a) The program shall provide a plan for coordination of
county, town, city and village efforts to reduce alcohol-related traffic
injuries and fatalities.
(b) The program shall, where approved by the county board or other
governing body, provide funding for such activities as the board or
other body may approve, for the above-described purposes.
4. Duties of the coordinator; reports. (a) It shall be the duty of the
coordinator to:
(1) Render annually or at the request of the county legislature or
other governing body of the county, a verified account of all moneys
received and expended by the coordinator or under the coordinator`s
direction and an account of other pertinent matters.
(2) Submit annually or upon request of the chief fiscal officer of
each county participating in the program, in such manner as may be
required by law, an estimate of the funds required to carry out the
purposes of this section.
(3) Make an annual report to the commissioner, which shall be due on
or before the first day of April of each year following the implementa-
tion of said program, and shall include the following:
a. the progress, problems and other matters related to the adminis-
tration of said program; and
b. an assessment of the effectiveness of the program within the
geographic area of the county participating therein and any and all
recommendations for expanding and improving said program.
(b) Any annual report shall also contain the following, in a form
prescribed by the commissioner:
(1) Number of arrests for violations of section eleven hundred nine-
ty-two of this article and subdivision two of section five hundred elev-
en of this chapter;
(2) Number and description of dispositions resulting therefrom;
(3) Number of suspensions issued in the county for alleged refusals
to submit to chemical tests;
(4) Total fine moneys returned to the participating county in
connection with the program;
(5) Contemplated programs;
(6) Distribution of moneys in connection with program adminstration;
(7) Any other information required by the commissioner.
5. Functions of the coordinator. In addition to the duties of the
coordinator as provided in subdivision four of this section, the coordi-
nator shall perform the following functions:
(a) Formulate a special traffic options program for driving while
intoxicated and coordinate efforts of interested parties and agencies
engaged in alcohol traffic safety, law enforcement, adjudication, reha-
bilitation and preventive education.
(b) Receive proposals from county, town, city or village agencies or
non-governmental groups for activities related to alcohol traffic safety
and to submit them to the county board of legislators or other such
governing body, together with a recommendation for funding of the activ-
ity if deemed appropriate.
(c) Cooperate with and assist local officials within the county in the
formulation and execution of alcohol traffic safety programs including
enforcement, adjudication, rehabilitation and education.
(d) Study alcohol traffic safety problems with the county and recom-
mend to the appropriate legislative bodies, departments or commissions,
such changes in rules, orders, regulations and existing law as the coor-
dinator may deem advisable.
(e) Promote alcohol and drug-related traffic safety education for
drivers.
(f) Obtain and assemble data on alcohol-related accident arrests,
convictions and accidents and to analyze, study, and consolidate such
data for educational, research and informational purposes.
6. County purpose and charge. The provisions of this section and
expenditures made hereunder shall be deemed a county purpose and charge.
7. Program approval. The program, including a proposed operational
budget, shall be submitted by each county coordinator to the commission-
er for approval. A second copy of each such proposal shall be filed with
the comptroller. The commissioner shall consider the following before
approving said program:
(a) The interrelationship of such program with existing drunk driving
related programs in areas including, but not limited to, law enforce-
ment, prosecution, adjudication and education.
(b) Avoidance of duplication of existing programs funded or operated
by either the state or any municipality including, but not limited to,
the alcohol and drug rehabilitation program, established under section
eleven hundred ninety-six of this article.
(c) All other factors which the commissioner shall deem necessary.
8. Duties of the commissioner. (a) The commissioner shall compile the
reports submitted by the county coordinators and shall issue a compre-
hensive report on such programs to the governor and to the legislature.
(b) The commissioner shall monitor all programs to ensure satisfactory
implementation in conjunction with the established program application
goals.
9. Program cessation. When a participating county wishes to cease its
program, the coordinator shall notify the commissioner in writing of the
date of termination and all money remaining in the fund established by
that county pursuant to subdivision one of this section on such date
shall be transferred to the general fund of the state treasury. All
fines and forfeitures collected pursuant to the provisions of this
section on and after the termination date shall be disposed of in
accordance with subdivision one of section eighteen hundred three of
this chapter.
10. Program audit. The comptroller is authorized to conduct audits of
any program established pursuant to this section for the purposes of
determining compliance with the provisions of this section and with
generally accepted accounting principles.

* S 1198. Ignition interlock device program. 1. Scope of program.
There is hereby created in this state an ignition interlock device
program. The provisions of this section shall apply only to persons
sentenced by a court located in the following counties: Albany, Erie,
Nassau, Onondaga, Monroe, Westchester and Suffolk; except that subdivi-
sions five, eight and ten of this section shall apply in all parts of
the state if a vehicle has been equipped with an ignition interlock
device as a condition of probation. This section shall not be construed
to preclude other counties not specifically designated therein from
implementing an ignition interlock device program or to prevent courts
in other jurisdictions from requiring the installation of an ignition
interlock device as a condition of probation.
2. Requirements. (a) In addition to any other penalties prescribed by
law, the court may require that any person who has been convicted of a
violation of subdivision two or three of section eleven hundred ninety-
two of this chapter, or any crime defined by this chapter or the penal
law of which an alcohol-related violation of any provision of section
eleven hundred ninety-two of this chapter is an essential element, and
who has been sentenced to a period of probation, install and maintain,
as a condition of such probation, a functioning ignition interlock
device in accordance with the provisions of this section; provided,
however, the court may not authorize the operation of a motor vehicle by
any person whose license or privilege to operate a motor vehicle has
been revoked except as provided herein.
(b) Nothing contained in this section shall prohibit a court, upon
application by a probation department located in any county set forth in
subdivision one of this section, from modifying the conditions of
probation of any person convicted of any violation set forth in para-
graph (a) of this subdivision prior to the effective date of this
section, to require the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter be subject
to the provisions of this section.
(c) Nothing contained in this section shall authorize a court to
sentence any person to a period of probation for the purpose of subject-
ing such person to the provisions of this section, unless such person
would have otherwise been so sentenced to a period of probation.
3. Conditions. (a) Notwithstanding any other provision of law, the
commissioner may grant a post-revocation conditional license, as set
forth in paragraph (b) of this subdivision, to a person who has been
convicted of a violation of subdivision two or three of section eleven
hundred ninety-two of this chapter and who has been sentenced to a peri-
od of probation, provided the person has satisfied the minimum period of
license revocation established by law and the commissioner has been
notified that such person may operate only a motor vehicle equipped with
a functioning ignition interlock device. No such request shall be made
nor shall such a license be granted, however, if such person has been
found by a court to have committed a violation of section five hundred
eleven of this chapter during the license revocation period or deemed by
a court to have violated any condition of probation set forth by the
court relating to the operation of a motor vehicle or the consumption of
alcohol. In exercising discretion relating to the issuance of a post-re-
vocation conditional license pursuant to this subdivision, the commis-
sioner shall not deny such issuance based solely upon the number of
convictions for violations of any subdivision of section eleven hundred
ninety-two of this chapter committed by such person within the ten years
prior to application for such license. Upon the termination of the peri-
od of probation set by the court, the person may apply to the commis-
sioner for restoration of a license or privilege to operate a motor
vehicle in accordance with this chapter.
(b) Notwithstanding any inconsistent provision of this chapter, a
post-revocation conditional license granted pursuant to paragraph (a) of
this subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from the holder`s place of employment, (2) if the hold-
er`s employment requires the operation of a motor vehicle then during
the hours thereof, (3) enroute to and from a class or course at an
accredited school, college or university or at a state approved institu-
tion of vocational or technical training, (4) to and from court ordered
probation activities, (5) to and from a motor vehicle office for the
transaction of business relating to such license, (6) for a three hour
consecutive daytime period, chosen by the administrators of the program,
on a day during which the participant is not engaged in usual employment
or vocation, (7) enroute to and from a medical examination or treatment
as part of a necessary medical treatment for such participant or member
of the participant`s household, as evidenced by a written statement to
that effect from a licensed medical practitioner, (8) enroute to and
from a class or an activity which is an authorized part of the alcohol
and drug rehabilitation program and at which participant`s attendance is
required, and (9) enroute to and from a place, including a school, at
which a child or children of the participant are cared for on a regular
basis and which is necessary for the participant to maintain such
participant`s employment or enrollment at an accredited school, college
or university or at a state approved institution of vocational or tech-
nical training.
(c) The post-revocation conditional license described in this subdivi-
sion may be revoked by the commissioner for sufficient cause including
but not limited to, failure to comply with the terms of the condition of
probation set forth by the court, conviction of any traffic offense
other than one involving parking, stopping or standing or conviction of
any alcohol or drug related offense, misdemeanor or felony.
(d) Nothing contained herein shall prohibit the court from requiring,
as a condition of probation, the installation of a functioning ignition
interlock device in any vehicle owned or operated on a regular basis by
a person sentenced for a violation of section five hundred eleven or
section eleven hundred ninety-two of this chapter, or any crime defined
by this chapter or the penal law of which a violation of any provision
of section eleven hundred ninety-two of this chapter is an essential
element, if the court in its discretion, determines that such a condi-
tion is necessary to ensure the public safety. Such a condition shall in
no way limit the effect of any period of license suspension or revoca-
tion set forth by the commissioner or the court.
(e) Nothing contained herein shall prevent the court from applying any
other conditions of probation allowed by law, including treatment for
alcohol or drug abuse, restitution and community service.
(f) The commissioner shall note on the operator`s record of any person
restricted pursuant to this section that, in addition to any other
restrictions, conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
4. Proof of compliance and recording of condition. (a) If the court
imposed the use of an ignition interlock device as a condition of
probation it shall require the person to provide proof of compliance
with this section to the court and the probation officer as set forth in
the order of probation. If the person fails to provide for such proof of
installation, absent a finding by the court of good cause for that fail-
ure which is entered in the record, the court may revoke, modify, or
terminate the person`s sentence of probation as provided under law.
(b) When a court imposes the condition specified in subdivision one of
this section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the commissioner shall note such
condition on the operating record of the person subject to such condi-
tions.
5. Cost, installation and maintenance. (a) The cost of installing and
maintaining the ignition interlock device shall be borne by the person
subject to such condition. Such cost shall be considered a fine for the
purposes of subdivision five of section 420.10 of the criminal procedure
law. Such cost shall not replace, but shall instead be in addition to,
any fines, surcharges, or other costs imposed pursuant to this chapter
or other applicable laws.
(b) The manufacturer of the device shall be responsible for the
installation and maintenance of such device and for the reports required
in this section.
6. Certification. (a) The commissioner of the department of health
shall approve ignition interlock devices for installation pursuant to
subdivision one of this section and shall publish a list of approved
devices.
(b) After consultation with manufacturers of ignition interlock
devices and the national highway traffic safety administration, the
commissioner of the department of health, in consultation with the
commissioner and the director of the division of probation and correc-
tional alternatives, shall promulgate regulations regarding standards
for, and use of, ignition interlock devices. Such standards shall
include provisions for setting a minimum and maximum calibration range
and shall include, but not be limited to, requirements that the devices:
(1) have features that make circumventing difficult and that do not
interfere with the normal or safe operation of the vehicle;
(2) work accurately and reliably in an unsupervised environment;
(3) resist tampering and give evidence if tampering is attempted;
(4) minimize inconvenience to a sober user;
(5) require a proper, deep, lung breath sample or other accurate meas-
ure of blood alcohol content equivalence;
(6) operate reliably over the range of automobile environments;
(7) correlate well with permissible levels of alcohol consumption as
may be established by the sentencing court or by any provision of law;
and
(8) are manufactured by a party covered by product liability insur-
ance.
(c) The commissioner of the department of health may, in his
discretion, adopt in whole or relevant part, the guidelines, rules,
regulations, studies, or independent laboratory tests performed on and
relied upon for the certification or approval of ignition interlock
devices by other states, their agencies or commissions.
7. Information and final report. (a) The division of probation and
correctional alternatives, in consulation with the department and the
office of court administration, shall develop a standard reporting form
that will be used by the courts, such division and the department for
collecting data relating to the program.
(b) The division of probation and correctional alternatives and the
department shall compare the recidivism rate of those persons subject to
the provisions of the program to demographically and statistically simi-
lar cases where the program was not applied.
(c) The division of probation and correctional alternatives and the
department shall jointly prepare an evaluative report as to the effec-
tiveness, reliability and impact of ignition interlock devices as a
sentencing and probation option. Such report shall be submitted to the
governor, the temporary president of the senate and the speaker of the
assembly no later than the first day of May, nineteen hundred ninety-
eight. In addition, such report shall include, but not be limited to the
following information:
(1) record of offenders, including the number of prior alcohol or
drug-related convictions relating to the operation of a vehicle;
(2) record of any violations of probation;
(3) record of the number of persons convicted of a violation of subdi-
visions eight and ten of this section;
(4) the type and manufacturer of the ignition interlock device
installed and the record of any malfunctions; and
(5) any other information determined necessary and relevant to the
implementation of this section by the division of probation and correc-
tional alternatives and the department.
The division and the department may request technical assistance in
the preparation of the report from the national highway traffic safety
administration.
8. Use of other vehicles. (a) The requirement of subdivision one of
this section that a person operate a vehicle only if it is equipped with
an ignition interlock device shall apply to every motor vehicle operated
by that person including, but not limited to, vehicles that are leased,
rented or loaned.
(b) No person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have had his driving privilege restricted pursuant to
subdivision one of this section, unless the vehicle is equipped with an
ignition interlock device. Any person whose driving privilege is
restricted pursuant to subdivision one of this section shall notify any
other person who rents, leases, or loans a motor vehicle to him of the
driving restriction imposed under this section.
(c) A violation of paragraph (a) or (b) of this subdivision shall be a
misdemeanor.
9. Employer vehicle. Notwithstanding the provisions of subdivision one
of this section, if a person is required to operate a motor vehicle
owned by said person`s employer in the course and scope of his employ-
ment, the person may operate that vehicle without installation of an
approved ignition interlock device if the employer has been notified
that the person`s driving privilege has been restricted under the
provisions of this article and the person whose privilege has been so
restricted has acknowledgement of the employer notification in his or
her possession while operating the employer`s vehicle for normal busi-
ness duties. The person shall notify the court and the probation officer
of his or her intention to so operate the employer`s vehicle. A motor
vehicle owned by a business entity which business entity is all or part-
ly owned or controlled by a person otherwise subject to the provisions
of this article is not a motor vehicle owned by the employer for
purposes of the exemption provided in this subdivision. The provisions
of this subdivision shall apply only to the operation of such vehicle in
the scope of such employment.
10. Circumvention of interlock device. (a) No person whose driving
privilege is restricted pursuant to subdivision one of this section
shall request, solicit or allow any other person to blow into an
ignition interlock device, or to start a motor vehicle equipped with the
device, for the purpose of providing the person so restricted with an
operable motor vehicle.
(b) No person shall blow into an ignition interlock device or start a
motor vehicle equipped with the device for the purpose of providing an
operable motor vehicle to a person whose driving privilege is restricted
pursuant to subdivision one of this section.
(c) No person shall tamper with or circumvent an otherwise operable
ignition interlock device.
(d) In addition to any other provisions of law, any person convicted
of a violation of paragraph (a), (b) or (c) of this subdivision shall be
guilty of a misdemeanor.
11. Warning label. The department of health shall design a warning
label which the manufacturer shall affix to each ignition interlock
device upon installation in the state. The label shall contain a warning
that any person tampering, circumventing, or otherwise misusing the
device is guilty of a misdemeanor and may be subject to civil liability.
* NB Repealed 99/07/01