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O.C.G.A. § 42-8-110 — Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents | Georgia Code
O.C.G.A. § 42-8-110 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 42 PENAL INSTITUTIONS

Section 8. Probation, 42-8-1 through 42-8-159.

ARTICLE 7 IGNITION INTERLOCK DEVICES

42-8-110. Definitions; applicability; purchase or lease of ignition interlock devices by counties, municipalities, or private entities; costs, fees, and deposits; participation by indigents.

  1. As used in this article, the term "ignition interlock device" means a constant monitoring device certified by the commissioner of driver services which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath.
  2. As used in this article, the term "provider center" means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court or as required in order to maintain an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1.
  3. Ignition interlock devices for provider centers may be purchased or leased by counties, municipalities, or private entities.
  4. A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Driver Services. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order.
  5. If a county, municipality, or other political subdivision of this state purchases or leases ignition interlock devices from a private entity, such county or municipality shall allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such an ignition interlock device to participate in the ignition interlock program.

(Code 1981, §42-8-110, enacted by Ga. L. 1993, p. 568, § 1; Ga. L. 1997, p. 760, § 26; Ga. L. 1999, p. 391, § 11; Ga. L. 2000, p. 1457, § 6; Ga. L. 2002, p. 415, § 42; Ga. L. 2005, p. 334, § 24-3/HB 501; Ga. L. 2016, p. 323, § 1-5/HB 205.)

The 2016 amendment, effective July 1, 2017, added "or as required in order to maintain an ignition interlock device limited driving permit in accordance with Code Section 40-5-64.1" at the end of subsection (b).

Editor's notes.

- Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Teen-age and Adult Driver Responsibility Act'."

Ga. L. 1999, p. 391, § 1, not codified by the General Assembly, provides that: "it is fitting to honor the memory of all victims of drunken driving and Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye in particular by strengthening the laws requiring the installation and use of ignition interlock devices."

Ga. L. 1999, p. 391, § 2, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'Heidi's Law.'"

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 200 (1999).

OPINIONS OF THE ATTORNEY GENERAL

Private vendors may not establish provider centers.

- O.C.G.A. § 42-8-110 et seq. does not allow municipal or county officials to contract with private vendors for the establishment of interlock provider centers; rather, the applicable governmental unit is required to establish the centers. 1993 Op. Att'y Gen. No. 93-16.

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of ignition interlock laws, 15 A.L.R.6th 375.

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