61-8-442. Driving under the influence of alcohol or drugs -- driving with excessive alcohol concentration -- ignition interlock device discretionary on first offense. (1) In addition to the punishments provided in 61-8-714 and 61-8-722, regardless of disposition, the court may restrict a defendant to driving only a motor vehicle equipped with a functioning ignition interlock device and require the defendant to pay the reasonable cost of leasing, installing, and maintaining the device if:
     (a) the court determines that approved ignition interlock devices are reasonably available;
     (b) the defendant's blood alcohol concentration at the time of the arrest was 0.18% or greater; and
     (c) the defendant has not been previously convicted of a violation of 61-8-401 or 61-8-406.
     (2) Any restriction imposed under this section must be included in a report of the conviction made by the court to the department in accordance with 61-11-101 and placed upon the person's driving record maintained by the department in accordance with 61-11-102.
     (3) The duration of a restriction imposed under this section must run parallel to the time period for suspension of the driver's license of the defendant in accordance with 61-2-107, 61-5-205, and 61-5-208 and must be monitored by the department.

     History: En. Sec. 8, Ch. 107, L. 1997; amd. Sec. 3, Ch. 258, L. 1999.