In New York, driving under the influence (DUI), also referred to as driving while intoxicated (DWI), is a grave offense with far-reaching legal and personal implications. To combat drunk driving and safeguard public safety, the state has implemented stringent penalties for DUI offenders, one of which includes the mandatory use of ignition interlock devices (IIDs). These devices are installed in motor vehicles and are designed to stop the car from starting if the motorist has consumed alcohol. If you want to know more about DUI convictions and whether they can result in the installation of an ignition interlock device, contact The Law Office Of Benjamin Greenwald by calling us at (845) 567- 4820.
A Basic Overview of Ignition Interlock Devices
According to New York laws, an ignition interlock device is a type of breathalyzer positioned in a motor vehicle to prevent the automobile from starting if the motorist has consumed alcohol. The IID is specifically crafted to measure a motorist’s blood alcohol concentration (BAC) and stop the car from starting if the individual’s BAC is above a certain amount. These devices are usually handheld and are connected to an automobile ignition system. Before the motorist can turn on their car, they must blow into the device to measure their BAC. If the level is above a specific limit, the vehicle will not start.
Rolling Tests
Some IIDs may require ‘rolling retests,’ which are random tests that the driver must take while on the road. These tests are designed to ensure that the driver remains sober throughout the journey. If the device detects alcohol during a retest, an alarm will sound, but the car will not immediately stop. Instead, the device allows the driver a grace period to safely pull over and turn off their engine.
Tamper- Proof
IIDs are designed to be tamper-proof. That is why the device may require the driver to take rolling tests to verify that they are sober throughout the trip. In addition, these devices may require the motorist to speak or hum into the device to confirm that they do not have someone else blowing into the machine.
What Happens When an IID is Required?
If an individual is convicted of driving while intoxicated, they must have an IID installed by an approved supplier within ten business days of the court order. They will then have three days to show the court they followed this order.
After installing the device, the individual must schedule their first maintenance appointment within 30 days and then subsequently book appointments every 60 days to maintain proper functionality. During these appointments, all the device information will be transmitted to the state. If the motorist has a failed attempt or has not kept their required maintenance appointments, these details will be provided to the state, which may result in further consequences.
Other Instances When an IID Is Required in New York
Under the state’s Leandra’s Law, any individual convicted of driving under the influence must install an IID in their vehicle. This law was named after Leandra Rosado, an 11-year-old who was tragically killed in a motor vehicle accident when her friend’s mother, who was operating the vehicle while drunk, crashed.
In addition, ignition interlock devices may also be necessary in the following situations:
- When an individual declines to submit to a chemical test to determine their BAC, they will need to install an IID for at least six months, and their license may be suspended for a certain period.
- Depending on the number of previous convictions, an IID may be required for a longer period of time if a motorist has multiple DWI convictions.
- If a motorist is found driving with a suspended license because of a DWI conviction, they must install an IID for at least six months.
How Long Will an IID be Required in New York?
The amount of time an ignition interlock device will be installed will depend on the offense and the circumstances surrounding it. For example, a first-time DUI conviction may result in the IID being installed for at least six months. On the other hand, for a second offense, the IID may be installed for at least one year, while for subsequent offenses, the IID may be necessary for at least three years.
To better understand these IID timelines and what they can mean for you, contact The Law Office of Benjamin Greenwald and speak with an experienced New York criminal defense attorney about your legal options.
What Happens if an IID Is Not Installed?
If an individual is ordered to install an IID following a DUI conviction and does not do so, they can face significant consequences, such as potential contempt of court charges, driver’s license revocation for at least one year, and an extended IID requirement once the motorist’s license is reinstated.
In addition, improper IID maintenance can result in license suspension, increased insurance rates, and a prolonged IID requirement. Attempting to tamper with an IID or having someone help the vehicle can also result in a Class A misdemeanor, punishable by jail time.
Exceptions To Installing an IID in New York
New York laws require that every DUI conviction result in an ignition interlock device installed in every motor vehicle the defendant owns or operates. However, there is an exception to this requirement. When a defendant has to operate a work vehicle for their employment, they will not need to install an IID in this vehicle.
Rather, the laws allow the motorist to operate their employer’s car during the scope and course of their employment. However, the motorist must have notified their employer and offered evidence that the employer was informed of their situation. Moreover, the vehicle cannot be owned by a company that is partly or wholly owned by the individual subject to the IID requirement.
Contact The Law Office Of Benjamin Greenwald To Learn More About Ignition Interlock Devices Penalties
A DUI conviction can significantly affect a person’s life. Not only may individuals have to pay hefty fines and spend time in jail, but they may also be required to install an ignition interlock device on their vehicle. If you are facing a DUI in New York and want to know more about your legal options, contact The Law Office of Benjamin Greenwald at (845) 567- 4820 and speak with our skilled and dedicated New York criminal defense lawyer.
