A. Modification of a revocation or denial arising under the provisions of Section 6-205.1 of this title or under the provisions of Sections 751 through 754 or 761 of this title shall apply to Class D driver licenses only.

B. As a prerequisite and condition of any modification, the person shall be required to have installed an ignition interlock device approved by the Board of Tests for Alcohol and Drug Influence, at the person's own expense, upon any motor vehicle operated by the person. The Department shall require, as a condition of modification, the device to be installed upon any vehicle owned or leased, as reflected on the vehicle registration, by an employer of the person for use by the employer, except when the employer requests the ignition interlock device not be installed. The request shall be in writing and notarized on the official letterhead of the employer and provided by the person to the Department; provided, a request shall not be accepted by the Department under the following circumstances:

1. When the person is self-employed or owns part or all of the company or corporation, or exercises control over some part of the business which owns or leases the vehicle;

2. When the person is employed by a relative who either is within the first degree of consanguinity or who resides in the same household; or

3. When the person has had a prior revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or to Section 753 or 754 of this title.

The person shall comply with all provisions of law and rule regarding ignition interlock devices.

C. Upon the issuance of a modification order pursuant to this section, Section 17 of this act, or under the provisions of paragraph 1, 2, or 3 of subsection A or paragraph 1, 2, or 3 of subsection B of Section 6-205.1 of this title, for a violation of this title, the person shall pay a modification fee of One Hundred Seventy-five Dollars ($175.00) to the Department. For each modification fee collected pursuant to the provisions of this subsection, One Hundred Dollars ($100.00) shall be remitted to the State Treasurer to be credited to the General Revenue Fund in the State Treasury and Seventy-five Dollars ($75.00) shall be remitted to the State Treasurer to be credited to the Department of Public Safety Restricted Revolving Fund. All monies accruing to the credit of the Department of Public Safety Restricted Revolving Fund from modification fees shall be budgeted and expended solely for the purpose of administering the provisions of this section and Section 17 of this act.

D. The Board of Tests for Alcohol and Drug Influence shall promulgate such rules as are necessary to implement and administer the provisions of this subsection relating to ignition interlock devices and the providers of such devices.

Added by Laws 1985, c. 229, § 1, emerg. eff. July 8, 1985. Amended by Laws 1985, c. 338, § 10, eff. Nov. 1, 1985; Laws 1986, c. 279, § 25, operative July 1, 1986; Laws 1987, c. 5, § 162, emerg. eff. March 11, 1987; Laws 1988, c. 242, § 12, eff. Nov. 1, 1988; Laws 1993, c. 314, § 3, emerg. eff. June 7, 1993; Laws 1995, c. 313, § 6, eff. July 1, 1995; Laws 1996, c. 309, § 8, eff. Nov. 1, 1996; Laws 1997, c. 420, § 6, emerg. eff. June 13, 1997; Laws 1999, c. 106, § 9, emerg. eff. April 19, 1999; Laws 2004, c. 418, § 23, eff. July 1, 2004; Laws 2005, c. 1, § 60, eff. Sept. 1, 2005; Laws 2005, c. 394, § 17, eff. Sept. 1, 2005; Laws 2009, c. 388, § 4, eff. Nov. 1, 2009; Laws 2010, c. 345, § 3, eff. Nov. 1, 2010; Laws 2012, c. 283, § 14, eff. July 1, 2012; Laws 2013, c. 393, § 4, eff. Oct. 1, 2013; Laws 2017, c. 392, § 14, eff. Nov. 1, 2017; Laws 2019, c. 400, § 16, eff. Nov. 1, 2019.

NOTE: Laws 2004, c. 390, § 16 repealed by Laws 2005, c. 1, § 61, eff. Sept. 1, 2005.