Section 2.90.230. Ignition interlock device.

	(a)  A driver required to install and use an ignition interlock device under AS 28.15.201 must comply with all conditions imposed on the limited license.  
	(b)  The department may immediately cancel a limited license upon receipt of a  
		(1) conviction from the court under AS 11.76.140 or a conviction while on probation under AS 28.35.030 or 28.35.032;  
		(2) report from a peace officer, probation officer, or ignition interlock provider that the driver  
			(A) circumvented the use of the ignition interlock device; or  
			(B) failed to comply with the inspection or reporting requirements.  
	(c)  A limited license cancelled under this section will not be reissued.  
	(d)  A commercial driver who is suspended, revoked, cancelled, disqualified, or otherwise restricted from operating commercial motor vehicles may not install an ignition interlock on a commercial motor vehicle requiring a Class A, B, or C commercial driver's license.  
	(e)  In this section, "circumvented"  
		(1) means attempted or successful bypass of the proper functioning of an ignition interlock device, including  
			(A) unauthorized emergency bypass;  
			(B) the operation of a vehicle without a properly functioning ignition interlock device;  
			(C) the introduction of a breath sample other than a deep lung sample from the driver of the interlock vehicle;  
			(D) the introduction of an intentionally contaminated or altered breath sample;  
			(E) continued operation of the interlock vehicle without providing a breath sample when required;  
			(F) continued operation of the interlock vehicle after the ignition interlock device detects excess breath alcohol content;  
		(2) does not include a lock out caused by the attempted operation after consuming alcohol or the attempted or successful bypass of the ignition interlock device specifically authorized for that instance by the interlock provider, if the interlock restricted driver is not the individual operating or attempting to operate the vehicle in accordance with that authorization.  

Authorities

28.05.011;28.15.161;28.15.165;28.15.201;28.33.140

Notes

Authority

AS 28.05.011 AS 28.15.161 AS 28.15.165 AS 28.15.201 AS 28.33.140

History

Eff. 7/1/2006, Register 178; am 1/1/2011, Register 196