Ignition Interlock Device in New York

In New York, driving while intoxicated (DWI) is a serious offense that can have significant legal and personal consequences. As part of the state's efforts to deter drunk driving and protect public safety, New York has implemented strict penalties for DWI offenders, including the use of ignition interlock devices (IIDs). An IID is a device that is installed in a vehicle to prevent the vehicle from starting if the driver has consumed alcohol. If you or someone you care about is facing a charge of DWI contact an experienced New York DWI lawyer at Stephen Bilkis & Associates. The consequences of a DWI conviction may include requirement of using an ignition interlock device.Driving while intoxicated is a serious offense in the state of New York and it is critical that you have experienced representation.

An ignition interlock device is a type of breathalyzer that is installed in a vehicle to prevent the vehicle from starting if the driver has consumed alcohol. The device is designed to measure the driver's blood alcohol concentration (BAC) and prevent the vehicle from starting if the BAC is above a predetermined limit. IIDs typically consist of a handheld device that is connected to the vehicle's ignition system. When the driver wants to start the vehicle, they must blow into the device, which measures their BAC. If the BAC is above the predetermined limit, the device will prevent the vehicle from starting.

In addition to preventing the vehicle from starting, IIDs may also require the driver to take "rolling retests" while driving. A rolling retest requires the driver to pull over and blow into the device at random intervals while driving. If the device detects alcohol on the driver's breath during a rolling retest, an alarm will sound and the vehicle will not stop immediately. Instead, the device will give the driver a grace period to pull over safely before shutting off the engine.

IIDs are designed to be tamper-proof and prevent drivers from circumventing the device. For example, the device may require the driver to hum or speak into the device to ensure that they are the one blowing into it. Additionally, the device may require the driver to take rolling retests to ensure that they remain sober throughout their journey.

In New York, the use of an ignition interlock device is required in certain circumstances. Under the state's Leandra's Law, any person convicted of driving while intoxicated is required to install an IID in their vehicle. Leandra's Law was named after 11-year-old Leandra Rosado, who was killed in a car crash in 2009 when the driver, who was drunk, lost control of the vehicle.

In addition to DWI, IIDs are also required in the following circumstances:

• Refusal to submit to a chemical test: If a driver refuses to submit to a chemical test to determine their BAC, their license will be suspended for one year, and they will be required to install an IID for at least six months.
• Multiple DWI convictions: If a driver is convicted of multiple DWI offenses, they will be required to install an IID for a longer period of time, depending on the number of prior convictions.
• Driving with a suspended license: If a driver is caught driving with a suspended license due to a DWI conviction, they will be required to install an IID for at least six months.

The length of time that an IID is required varies depending on the circumstances of the offense. For a first-time DWI or DUI conviction, the IID is required for at least six months. For a second offense, the IID is required for at least one year, and for a third or subsequent offense, the IID is required for at least three years.

Installing an IID can be expensive, with costs ranging from $100 to $200 for installation and between $50 and $100 per month for maintenance and monitoring. However, under Leandra's Law, the cost of the IID may be partially or fully covered by the state, depending on the driver's financial situation.

If you have been charged with a DWI in New York, it is important to speak with an experienced DWI attorney serving New York who can help you understand the potential consequences of a conviction, including the possibility of an IID requirement, and can work to protect your rights and defend your case. Note that if a driver violates the terms of their IID agreement, they may be subject to additional sanctions, including a longer IID requirement or license suspension.

• People v. Miller, 191 A.D.3d 802 (N.Y. App. Div. 2021). This case involved a defendant who had been previously convicted of DWI and was required to install an IID in his vehicle for three years. The defendant was later charged with violating the terms of his IID agreement by driving without the device. The court found that the defendant was properly informed of the IID requirement and was aware of the consequences of failing to comply. The defendant was sentenced to an additional six months of IID use, a $500 fine, and a 90-day license suspension.
• People v. Duffy, 127 A.D.3d 1425 (N.Y. App. Div. 2015). In this case, the defendant was convicted of DWI and was required to install an IID in his vehicle. The defendant argued that the IID was improperly calibrated and provided inaccurate readings, but the court found that the device was functioning properly. The court also noted that the defendant had failed to comply with the IID requirement and imposed additional fines and suspension of driving privileges.
• People v. Davis, 91 A.D.3d 1281 (N.Y. App. Div. 2012). This case involved a defendant who was required to install an IID in his vehicle as part of his sentence for DWI. The defendant argued that he was not able to afford the cost of the device and sought a waiver of the requirement. However, the court denied the request, finding that the defendant had not provided sufficient evidence of financial hardship.
• People v. Telesco, 74 A.D.3d 1622 (N.Y. App. Div. 2010). In this case, the defendant was convicted of DWI and was required to install an IID in his vehicle for six months. The defendant later had the device removed from his vehicle and was charged with violating the terms of his IID agreement. The court found that the defendant was aware of the requirement and imposed additional fines and suspension of driving privileges.

A DWI conviction will impact your life. Not only will you have to pay a fine and may have to spend time in prison, you will also be required to have an ignition interlock device install on your vehicle.If you are charged with a DWI in New York, act quickly and contact a skilled DWI attorney in New York. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, Westchester County, and Suffolk County.