61-8-442. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- ignition interlock device -- 24/7 sobriety and drug monitoring program -- forfeiture of vehicle. (1) In addition to the punishments provided in 61-8-714 and 61-8-722, regardless of disposition and if a probationary license is recommended by the court, the court may, for a person convicted of a first offense under 61-8-401, 61-8-406, or 61-8-411:
     (a) restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device; or
     (b) require the person to participate in a court-approved alcohol or drug detection testing program and pay the fees associated with the testing program.
     (2) If a person is convicted of a second or subsequent violation of 61-8-401, 61-8-406, or 61-8-411, in addition to the punishments provided in 61-8-714 and 61-8-722, regardless of disposition, the court shall:
     (a) if recommending that a probationary license be issued to the person, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device;
     (b) require the person to participate in the 24/7 sobriety and drug monitoring program provided for in 44-4-1203 and pay the fees associated with the program or require the person to participate in a court-approved alcohol or drug detection testing program and pay the fees associated with the testing program; or
     (c) order that each motor vehicle owned by the person at the time of the offense be seized and subjected to the forfeiture procedure provided under 61-8-421.
     (3) Any restriction or requirement 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.
     (4) The duration of a restriction imposed under this section must be monitored by the department.

     History: En. Sec. 8, Ch. 107, L. 1997; amd. Sec. 3, Ch. 258, L. 1999; amd. Sec. 4, Ch. 300, L. 2003; amd. Sec. 5, Ch. 329, L. 2003; amd. Sec. 3, Ch. 547, L. 2005; amd. Sec. 117, Ch. 596, L. 2005; amd. Sec. 2, Ch. 448, L. 2009; amd. Sec. 18, Ch. 153, L. 2013; amd. Sec. 8, Ch. 309, L. 2013.