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House of Representatives
Session of 2015 - 2016 Regular Session


Posted: December 21, 2015 02:51 PM
From: Representative Dom Costa
To: All House members
Subject: DUI Ignition Interlock Systems as a Condition of Bail
In the near future, I will be introducing legislation that would require installation of an ignition interlock system as a condition of bail for certain DUI offenders.

Specifically, my legislation would impose the requirement on defendants who are charged with a second or subsequent DUI offense within the past ten years. Judges are also given the discretion to order installation of an ignition interlock system if they believe it is necessary to ensure the safety of any person or the community, even if the defendant is not a repeat offender. Defendants would be required to participate in a 24/7 sobriety monitoring program until they can show proof that the ignition interlock system was installed. Bail can be revoked if the defendant is arrested for a subsequent DUI violation, drives a vehicle not equipped with an ignition interlock system, or tampers with the system.

Under current law, a judge can only order installation of an ignition interlock system if a person is convicted of a DUI offense. However, DUI offenders, especially repeat offenders, can still pose a safety risk to the community when they are released pending trial. My legislation protects the public from harm while still allowing the defendant to maintain freedom and the ability to drive when awaiting trial. Importantly, my legislation also protects the assumption that a person is innocent until proven guilty. The county would cover the cost of the ignition interlock system and the sobriety monitoring program. Then, if the defendant is convicted, he or she would reimburse the county for all costs.

Please join me in co-sponsoring this important legislation.

Introduced as HB1775