Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 15 - Safety and Emissions
Part 9 - Rules and Regulations Governing the Certification and Use of Ignition Interlock Systems
Section 280-RICR-30-15-9.3 - Definitions

Universal Citation: 280 RI Code of Rules 30 15 9.3

Current through March 20, 2024

A. The following words used in these Rules and Regulations shall have the following meaning:

1. "Blood alcohol concentration" or "Breath alcohol concentration" or "BAC" or "BrAC" means the percentage, by weight, of alcohol in a person's blood, as measured by a test of the person's breath or blood.

2. "Circumvention" means an overt, conscious attempt to bypass the Ignition Interlock Device by providing samples other than the natural unfiltered breath of the operator, or by starting the car without using the ignition switch, or any other act intended to allow the vehicle to start or continue to operate without the operator first taking and passing a breath test.

3. "Conditional hardship license" means any driver's license or right to operate authorized by the court or traffic tribunal during a period of license suspension that allows a person to drive for limited hours during the suspension period as set forth in R.I. Gen. Laws § 31-27-2.8(b)(7).

4. "Department" means the State of Rhode Island Department of Revenue, or any successor Department.

5. "Director" means the Director of the Department of Revenue, or any successor Department.

6. "Division" or "DMV" means the Division of Motor Vehicles

7. "Failed rolling re-test" means a breath test taken by the operator of an IID-equipped vehicle while the vehicle is running that shows the operator has a BAC/BrAC greater than .025.

8. "Failed start-up test" means a breath test taken by the operator of an IID-equipped vehicle prior to starting the vehicle's ignition, registering a BAC/BrAC greater than .025.

9. "High BrAC test" means a breath test taken by the operator of an IID equipped vehicle that results in a BAC/BrAC greater than .05.

10. "Ignition interlock device" or "IID" means an alcohol sensing instrument mounted in an automobile and connected to the ignition system to prevent the vehicle from starting unless the driver first provides a satisfactory deep lung air sample. The device analyzes the deep lung air sample to determine the BAC of the operator. If the measured BAC/BrAC is above . 025, the device prevents the vehicle from starting.

11. "Ignition interlock restriction" means the limitation imposed by the court, traffic tribunal or Division of Motor Vehicles on an individual's license or right to operate prohibiting operation of any motor vehicle without an Ignition Interlock Device. This appears as a "U" restriction on the motorist's record.

12. "Lockout" means a multiple-step process resulting from a violation set forth in § 9.7(A) of this Part including a period during which the operator cannot start the vehicle.

13. "Missed rolling re-test" means a failure to take the Rolling Re-test within the time period allotted by the IID. If the breath test is taken after the time period allotted and demonstrates a BAC/BrAC greater than .025, it shall be deemed a Failed Rolling Re-test.

14. "Operator" means any person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

15. "Passed test" means a breath test taken by the operator of an IID-equipped vehicle prior to starting the ignition or while the vehicle is running that shows the operator's BAC/BrAC is equal to or less than .025.

16. "Rolling re-test" means a breath test, administered at random intervals, taken by the operator of an IID equipped vehicle while the vehicle is running.

17. "Service period" means the time between Service Visits, which shall be at least twenty-five (25) days but not more than thirty (30) days.

18. "Service provider" or "Provider" means an entity approved by the DMV that installs, monitors, services and removes the operator's Ignition Interlock Device.

19. "Service visit" means a required visit to the Service Provider by the operator to have the Ignition Interlock Device inspected, monitored or maintained. An initial Service Visit shall be conducted within thirty (30) days of IID installation, and regularly thereafter in Service Periods of twenty-five (25) to thirty (30) days.

20. "Start-up test" means a breath test taken by the operator of an IID-equipped vehicle to measure the operator's BAC/BrAC prior to starting the vehicle's ignition.

21. "Tamper" means an overt, conscious attempt to physically disable or otherwise disconnect the Ignition Interlock Device from its power source and thereby allow a person to start the engine or continue to operate a motor vehicle without a Passed Test.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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