Section 140IAC1-8-1. Minimum standards, specifications and features  


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  •    Each court in Indiana that has authority to order the installation of IIDs shall order the installation of IIDs that must meet the following minimum standards and specifications for the following:

    (1) Features, as follows:

    (A) The IID shall automatically render the vehicle inoperable if the result of the breath sample given to start the vehicle is at the fail level.

    (B) The IID shall be designed to permit a restart within two (2) minutes of a vehicle's stalling or when the vehicle's ignition has been turned off.

    (C) The IID shall automatically and completely purge residual alcohol before allowing subsequent tests.

    (D) The IID shall be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.

    (E) Each IID shall be provided with an ample supply of disposable mouth pieces designed to minimize the introduction of saliva into the IID.

    (F) Each IID shall be uniquely serial numbered.

    (G) Along with any other information required by the BMV or an originating court, all reports to an originating court concerning a particular IID shall include the name, address, and driver's license number of the lessee, the IID's unique serial number, and the name, address, telephone number (toll free), and contact person of the manufacturer or the ASP that is furnishing the report.

    (H) Each IID shall record each time the vehicle is started, the results of the tests, how long the vehicle was operated, and any indication of bypassing or tampering with the device. Such information shall be included in reports to the originating court.

    (I) Each IID shall require the operator of the vehicle to submit to a retest within ten (10) minutes of starting the vehicle. Retesting shall continue at intervals not to exceed sixty (60) minutes after the first retest.

    (J) If a retest is not performed when called for by the IID, or if a breath sample is submitted that is at the fail level, the IID shall automatically enter a violation reset condition. An IID that enters a violation reset condition, and the vehicle in which it is installed, must be returned to the manufacturer or the ASP to be serviced within five (5) days or the vehicle must be rendered inoperable. The manufacturer or the ASP shall notify the originating court of such violation reset conditions in a format acceptable to the originating court within five (5) days of servicing the IID.

    (2) IID security. The IID manufacturer and its ASP or ASPs shall take all reasonable steps necessary to prevent tampering or physical circumvention of the IID. These steps shall include the following:

    (A) Special locks, seals, and installation procedures that prevent, and records evidence of, tampering or circumvention attempts, or both.

    (B) The ASP will affix to the device a label containing the following notation: "Warning - This device has been installed under the laws of the State of Indiana. Attempts to disconnect, tamper with, or circumvent this device may subject you to civil and/or criminal penalties. For more information, call (insert manufacturer's or ASP's toll free number).".

    (C) No owner or employee of a manufacturer or ASP may authorize or assist with the disconnection of an IID, or enable the use of any emergency bypass mechanism or any other bypass procedure that allows a person restricted to use the vehicle equipped with a functioning IID, to start or operate a vehicle without providing all required breath samples.

    (Bureau of Motor Vehicles; 140 IAC 1-8-1; filed Jun 1, 1990, 2:16 p.m.: 13 IR 1834; readopted filed Oct 17, 2001, 4:46 p.m.: 25 IR 910; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA)