Washington Administrative Code › Title 204 - State Patrol (Equipment) (See also Titles 212, 446 and 448) › Chapter 204-50 - Ignition interlock breath alcohol devices › Section 204-50-110 - Mandatory requirements for an ignition interlock device

Current through Register Vol. 24-14, July 15, 2024
(1) Notwithstanding other provisions of this
			 chapter, a certified ignition interlock device must:
(a) Be designed to permit a "restart" within
			 two minutes of a stall or when the ignition has been turned off, except a
			 "restart" will not be permitted during a violation reset condition.
(b) Automatically and completely purge
			 residual alcohol before allowing subsequent tests.
(c) Allow a minimum of 1500 ml or 1.5 L of
			 breath for an acceptable breath sample.
(d) Allow a minimum of three minutes and a
			 maximum of six minutes for random breath tests to be initiated prior to an
			 indication of a missed test and a violation reset. The device must be capable
			 of notifying the restricted driver of this time period. Acceptable forms of
			 notification are use of an indicator light, audible tone, voice modulation
			 and/or countdown timer.
(e) Be
			 installed in such a manner that it will not interfere with the normal operation
			 of the vehicle after it has been started.
(f) Include a supply of two disposable mouth
			 pieces upon installation, designed to minimize the introduction of saliva into
			 an ignition interlock device, and an additional mouth piece with every 60 to 65
			 day calibration period.
(g) Have
			 all primary components as identified by the impaired driving section uniquely
			 serial numbered, which includes, but may not be limited to, the storage device,
			 handset, and camera.
(h) Uniquely
			 identify and record each time the vehicle is attempted to be started and/or
			 started, the results of all tests, retests or failures as being a malfunction
			 of the device or from the operator not meeting the requirements, how long the
			 vehicle was operated, and any indication of bypassing or tampering with the
			 ignition interlock device, or tests.
(i) Require a restricted operator to wait
			 five minutes before attempting to start the vehicle a second or third time and
			 30 minutes prior to the fourth or subsequent attempts to initially start the
			 vehicle when the initial start failure occurs.
(j) Require the operator of the vehicle to
			 submit to a random re-test within 10 minutes of starting the vehicle. A random
			 re-test must continue at variable intervals ranging from 10 to 45 minutes after
			 the previous retest for the duration of the travel. If a bypass is recorded at
			 start up, the random breath testing procedure will continue for the duration of
			 travel.
(k) Be equipped with a
			 method of immediately notifying law enforcement officers if a violation reset
			 occurs from a random retest or the result of the retest is equal to or higher
			 than the alcohol set point or any disconnection of the ignition interlock
			 device control head for longer than one minute after vehicle start up.
			 Acceptable forms of notification are repeated honking of the vehicle's horn or
			 the use of an audible signaling device. Such notification may be disabled only
			 by switching the engine off, or by the achievement of a retest with a result
			 lower than the alcohol set point.
(l) Enter into violation reset when the
			 restricted operator has:
(i) Recorded a random
			 test failure;
(ii) Disconnected the
			 control head after start up;
(iii)
			 Failed to submit to a random retest;
(iv) Failed to have the ignition interlock
			 device serviced within the time period described in this chapter.
(m) Enter into a lockout if a
			 violation reset occurs unless the vehicle is serviced at a mobile or fixed site
			 service center by a certified technician where it will be calibrated,
			 downloaded and the wiring harness physically inspected within five days of when
			 the violation reset occurred.
(n)
			 When reasonably available, contain a digital image identification device as
			 prescribed in RCW     43.43.395. The digital image device will not distract or
			 impede the driver in any manner from safe and legal operation of the vehicle
			 and will:
(i) Encode a digital or photographic
			 image of the vehicle driver including the time, date and BrAC level of all
			 breath attempts. All images and data for a 65 day use period must be stored in
			 the device's memory to be downloaded and stored by the manufacturer for three
			 years.
(ii) Capture a digital image
			 or photograph of the driver:
(A) Within five
			 seconds after starting the vehicle.
(B) Upon initial notification that a random
			 retest is required.
(C) When a
			 violation reset condition is initiated.
(D) Randomly at the discretion of the
			 manufacturer.
(iii)
			 Produce a digital image, identifiable verification or a photograph of the
			 restricted driver in all lighting conditions; extreme brightness, darkness and
			 low light conditions.