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)