[291E-66] Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; penalties. (a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly:

(1) Request, solicit, direct, or authorize another person to blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has been restricted by law to operating only a vehicle so equipped; or

(2) Tamper with an ignition interlock device with the intent to render it inaccurate or inoperable.

(b) Any person required under subsection (a) to drive using an ignition interlock device, who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For a first offense, or any offense not preceded within a five-year period by conviction under this section or section 291E-62(a)(3):

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;

(B) A fine of not less than $250 but not more than $1,000; and

(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or section 291E-62(a)(3):

(A) Thirty days imprisonment;

(B) A $1,000 fine; and

(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof:

(A) One year imprisonment;

(B) A $2,000 fine; and

(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device. [L 2010, c 166, pt of 2]

 

 

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