North Dakota Judges have the discretion to order ignition interlocks for first- time convicted drunk drivers or DMV can issue an interlock as part of a restricted license, but no Judges order an ignition interlock. From 2006 to 2020 in North Dakota, interlocks stopped 715 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 314 attempts to drive drunk in 2020.
Grade: F (0/100) North Dakota should utilize all tools in the toolbox to fight drunk driving. The state should boost ignition interlocks use for all drunk drivers to help prevent drunk driving.
Why does MADD not call the law all-offender? Judges are not required to order an interlock for first-time offenders. Process to obtain an ignition interlock 1. Serve any jail or suspension time, as well as completing your educational program and any community service. 2. File an SR-22 insurance form as proof of financial responsibility to the NDDOT. 3. Schedule an appointment to have an interlock device installed. 4. Pay all your applicable fees. 5. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations
Duration on ignition interlock
How soon can an ignition interlock be installed?
Legislative Recommendation Require interlocks for all first-time drunk drivers. Eliminate waiting time for repeat offenders to install an interlock. Allow for the use of interlocks for any refusal.
30 days after revocation Unclear
First offense
Unclear
Unclear
Second offense
First refusal Interlocks not available for first-time refusals Can a drunk driver wait out an interlock order?
Yes
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
Compliance based removal?
No
Add a compliance-based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
Legislative Recommendation
Day-for-Day credit for early installation? No Legislative Recommendation Interlocks required for plea agreements or diversion?
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
No
Affordability program?
Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users.
Legislative Recommendation
Sources: §39-06.1-11, §39-08-01.3
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