§ 41-6a-518.1. Tampering with an ignition interlock system.

(1) As used in this section:

(a) "ignition interlock system" has the same meaning as defined in Section 41-6a-518; and

(b) "interlock restricted driver" has the same meaning as defined in Section 41-6a-518.2.

(2)

(a) A person may not:

(i) circumvent or tamper with the operation of an ignition interlock system;

(ii) knowingly furnish an interlock restricted driver a motor vehicle without an ignition interlock system unless authorized under Subsection 41-6a-518(7);

(iii) blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of allowing an interlock restricted driver to operate a motor vehicle; or

(iv) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the system has been certified by the commissioner as required under Subsection 41-6a-518(8).

(b) An interlock restricted driver may not:

(i) rent, lease, or borrow a motor vehicle without an ignition interlock system; or

(ii) request another person to blow into an ignition interlock system in order to allow the interlock restricted driver to operate the motor vehicle.

(c) A violation of any provision under this Subsection (2) is a class B misdemeanor.

(3) It is an affirmative defense to a charge of a violation of this section if:

(a) the starting of a motor vehicle, or the request to start a motor vehicle, that is equipped with an ignition interlock system is done for the purpose of safety or mechanical repair of the system or the motor vehicle; and

(b) the interlock restricted driver does not operate the motor vehicle.

Enacted by Chapter 341, 2006 General Session