VERMONT LAW ENFORCEMENT BULLETIN - ACT NO.126

An Act Relating to the Study and Recommendation of Ignition Interlock Device Legislation ~ Pilot Project

For a full FAQ on Vermont’s Interlock Program, Click Here.

This act authorizes issuance of ignition interlock restricted driver's licenses effective July 1, 2011, to eligible DUI offenders and specifies the terms and conditions of operation under an ignition interlock RDL. The Act also establishes a six-month pilot project, which began on January 1, 2011 and will continue through June 30, 2011.

An Ignition Interlock Device Restricted License, referred to as an “RDL”, allows an individual to drive non-commercial vehicles equipped with an ignition interlock device, while their regular license is suspended or revoked for an alcohol-related driving under the influence offense. The applicant is granted a conditional reinstatement ahead of their normal eligibility date if they participate in the Ignition Interlock Program.

The participants of the Pilot Project are a very small number of a group of individuals who reside in Chittenden County, who are currently enrolled in the Department of Corrections Intensive Substance Abuse Program (ISAP), or parolees who have completed ISAP, but who are under the supervision of the Probation and Parole office in Burlington.

Some of the participants have begun installing ignition interlock devices in their vehicles; as a result, we are providing you with a set of the Frequently Asked Questions which were drafted to answer many of the questions the Pilot Project participants may have. These FAQ’s should answer many of your questions as well.

As you may already know, a breath alcohol ignition interlock device is a device designed to minimize the opportunity of a driver operating a vehicle while under the influence of alcohol. The device works by requiring a breath sample prior to starting a vehicle, and periodically as the vehicle is being driven (often referred to as “rolling retests”). If the breath sample provided contains an alcohol level below the acceptable threshold, the vehicle will be allowed to operate; if the breath sample provided contains an alcohol level above the acceptable threshold, 0.02, the vehicle will not start. Under no circumstances will the device shut the vehicle off when it is being driven, nor should the device interfere with the safe operation of the vehicle.

Only those ignition interlock devices which use fuel cell technology to measure breath alcohol concentration shall be used in Vermont. Additionally, the Vermont Parole Board has made it mandatory that all Pilot Project participants have camera-equipped ignition interlock devices installed in their vehicles. This will allow for the positive identification of the individual who provides the breath samples.

Should you perform any traffic stops on vehicles, please be advised, the driver may have an ignition interlock device. When viewing the driver’s Operator’s License (or EDL), or performing a records check, if the driver is required to have an ignition interlock device installed in their vehicle, the license will have a Restriction 8 indicated in the “Restriction Code” field. The driver should also have a blue Restriction Card which should be marked “Ignition Interlock Device”. If during a traffic stop, you find the driver has the Restriction 8 – Ignition Interlock Device on their license, but is operating a vehicle which is not equipped with an ignition interlock device, the driver shall be cited for Driving After License/Privilege Suspended or Revoked (DLS).

As briefly mentioned above, once the vehicle is started, at random times during the operation of the vehicle, the device will prompt the driver to provide another breath sample, a “rolling retest”. If the breath sample is not provided, or if the breath sample is at or exceeds a BAC of 0.02, the IID will log the event as a “failure”, and will then signal the vehicle to begin flashing the lights and sounding the horn. This will continue until the vehicle is turned off, or a clean breath sample has been provided. Should you see a vehicle whose lights are flashing and horn is sounding, it is an indication that you should perform a traffic stop; it is possible the vehicle is being operated by an individual who is under the influence of alcohol.

As you are aware, this is currently a heavily publicized issue; the new legislative session will undoubtedly bring change to the Act in its current form. If, and when, changes do occur, you will be advised of this in additional Bulletins.