Bill description: SB 1389 would allow an individual to petition the court to waive the requirement that they install an ignition interlock device on their vehicle if no civil or criminal case is pending related to the requirement.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non- violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes? 

An ignition interlock device is also known as a car breathalyzer. This device requires a would-be driver to give a breath sample, and it keeps the engine from being started if the individual has a breath alcohol concentration above the legal limit.

Under current Idaho law, an individual who is believed to be driving under the influence of alcohol and who refuses or fails evidentiary testing (a test for alcohol use from law enforcement), may be ordered to install an ignition interlock device on his or her vehicle for a year.

The law allows people to petition the court to waive this requirement in certain situations, like when there is a clear indication the individual presents no future danger. SB 1389 would add another situation in which a court may waive the requirement: if there is no civil or criminal case pending related to the reason the device was installed.

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