Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.49 - RULES GOVERNING IGNITION INTERLOCK DEVICES
Section 39.03.49.010 - DEFINITIONS
Current through August 31, 2023
01. Alcohol. The generic class of organic compounds known as alcohols and, specifically, the chemical compound ethyl alcohol. For the purpose of Ignition Interlock Devices, all devices will be specific for ethyl alcohol. (3-31-22)
02. Breath Alcohol Concentration (BAC). The weight amount of alcohol contained in a unit volume of breath, measured in grams Ethanol/two hundred ten (210) liters of breath. (3-31-22)
03. Court (Or Originating Court). The particular Idaho state court that has required the use of an ignition interlock device by a particular individual. (3-31-22)
04. Certification. The approval process required by the Idaho Transportation Department. (3-31-22)
05. Department. The Idaho Transportation Department. (3-31-22)
06. Device. An ignition interlock device. (3-31-22)
07. Diversion Program Administer or Designee. The prosecuting attorney or an individual or business appointed by a prosecuting attorney of any Idaho county, to administer the diversion program established by the prosecuting attorney on their behalf. (3-31-22)
08. Ignition Interlock Device. An instrument designed to measure the BrAC of an individual equipped with a camera and which prevents a motorized vehicle from starting when the BrAC is greater than or equal to point zero two five (.025). (3-31-22)
09. Independent Testing Laboratory. A laboratory facility that is not subject to the control of the manufacturer or the manufacturer's representative. (3-31-22)
10. Interlock. The state in which a motor vehicle is prevented from starting by a device. (3-31-22)
11. Lessee. The person ordered by a court to drive only vehicles that have certified devices installed. (3-31-22)
12. Manufacturer. The person, or organization responsible for the design, construction and production of the device. (3-31-22)
13. Manufacturer's Representative. A company or corporation registered as a business with the Idaho Secretary of State who is designated by the manufacturer to sell, rent or lease a specific device in the State of Idaho and provide installation, maintenance and removal of the device through the operation of service centers. (3-31-22)
14. Circumvention. To bypass the correct operation of a device by starting the motor vehicle or operating the motor vehicle by any means without first providing a breath test. (3-31-22)
15. Tampering. An attempt to disable, adjust, or otherwise alter the proper operation of a device or camera. "Tampering" does not include disconnecting the handset once the vehicle is turned off. (3-31-22)
16. Ignition Interlock Waiver Liability. If a court grants a driver relief from the requirement of adding an ignition interlock device under the provisions of either Sections 18-8002A, 18-8002 or 18-8008, Idaho Code, the waiver will cover both ignition interlock requirements from the criminal charges and from the civil administrative license suspension. When the Department receives a court order granting the waiver of an ignition interlock requirement, the Department shall not be liable for complying with the court's order, and no cause of action will accrue against the Department for not enforcing the ignition interlock requirement in the civil administrative license suspension under Section 18-8002A, Idaho Code. (3-31-22)
