438.29 IGNITION INTERLOCK DEVICES.

   (a)    As used in this section:

      (1)    "Ignition interlock device" means a device that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available do monitor the concentration by weight of alcohol in the breath of any person attempting to start that motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to so start the vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level.

      (2)    "Offender with restricted driving privileges" means an offender who is subject to an order that was issued under Ohio R.C. 4507.16(F) as a condition of the granting of occupational driving privileges, or an offender whose driving privilege is restricted as a condition of probation pursuant to Ohio R.C. 2951.02(I).

   (b)    Except in cases of a substantial emergency when no other person is reasonably available to drive in response to the emergency, no person shall knowingly rent, lease or lend a motor vehicle to any offender with restricted driving privileges, unless the vehicle is equipped with a functioning ignition interlock device that is certified pursuant to Ohio R.C. 4511.83(D).

   (c)    Any offender with restricted driving privileges who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to him or her that the offender has restricted driving privileges and of the nature of the restriction.

   (d)    Any offender with restricted driving privileges who is required to operate a motor vehicle owned by his or her employer in the course and scope of his or her employment may operate that vehicle without the installation of an ignition interlock device, provided that the employer has been notified that the offender has restricted driving privileges and of the nature of the restriction, and provided, further, that the offender has proof of the employer's notification in his or her possession while operating the employer's vehicle for normal business duties. A motor vehicle owned by a business that is partly or entirely owned or controlled by an offender with restricted driving privileges is not a motor vehicle owned by an employer, for purposes of this subsection.

   (e)    If a court, pursuant to Ohio R.C. 4507.16(F), imposes the use of an ignition interlock device as a condition of the granting of occupational driving privileges, the court shall require the offender to provide proof of compliance to the court at least once quarterly or more frequently as ordered by the court in its discretion. If a court imposes the use of an ignition interlock device as a condition of probation under Ohio R.C. 2951.02(I), the court shall require the offender to provide proof of compliance to the court or probation officer prior to issuing any driving privilege or continuing the probation status. In either case in which a court imposes the use of such a device, the offender, at least once quarterly or more frequently as ordered by the court in its discretion, shall have the device inspected as ordered by the court for accurate operation and shall provide the results of the inspection to the court or, if applicable, to the offender's probation officer.

   (f)    No offender with restricted driving privileges, during any period that he or she is required to operate only a motor vehicle equipped with an ignition interlock device, shall request or permit any other person to breathe into the device or start a motor vehicle equipped with the device, for the purpose of providing the offender with an operable motor vehicle.

   (g)   Except as provided in subsection (h) hereof, no person shall breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to an offender with restricted driving privileges.

   (h)   Subsection (g) hereof does not apply to an offender with restricted driving privileges who breathes into an ignition interlock device or starts a motor vehicle equipped with an ignition interlock device for the purpose of providing himself or herself with an operable motor vehicle.

   (i)   No unauthorized person shall tamper with or circumvent the operation of an ignition interlock device.
(ORC 4511.83)

   (j)   Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 408.01.
(ORC 4511.99(J))