Puerto Rico Ignition interlocks are an option that judges can order for repeat offenders. It is unclear if the law is implemented. Why does MADD not call the law all-offender? Judges are not required to order an interlock for any convicted drunk driver.
Grade: F (0/100) Puerto Rico’s ignition interlock law needs many improvements to ensure more drunk drivers utilize this lifesaving device.
Process to obtain an ignition interlock 1. Judge Orders the repeat drunk driver to use an interlock 2. Person waits 45 days before installing an interlock. 3. Within 5 days of installing the device, the person must submit proof of installation to the Court. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation
Interlocks not available for first-time offenders
First offense
Require interlocks for all drunk drivers. Eliminate waiting time for repeat offenders to install an interlock. Allow for the use of interlocks for any refusal
45 days after revocation
1 year
Second offense
First refusal Interlocks not available for first-time refusals Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
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.
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
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion?
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
Source: § P.R. Laws title 9, § 5204.
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