New York DWI Lawyer Blog
Effective August 15, 2010, there are new Ignition Interlock Device (IID) rules in effect for all New York DWI or Aggravated DWI cases. The rules apply to any motorist charged after December 18, 2009, and convicted or pleading guilty after August 15, 2010. The new law does not apply to convictions of New York driving while ability impaired (DWAI), which is a traffic infraction, but to all misdemeanor and felony DWI convictions.
The IID’s must be installed in all vehicles that the motorist owns or operates. This language is critical, as in many cases, the law will require that the person convicted of the felony or misdemeanor DWI install the IID in more than one vehicle, with family members such as spouses or grown children also having to utilize the IID in vehicles that they share with the driver convicted of the DWI.
The (IID) must remain in the vehicle for at least 6 months. It must be installed by a County approved installer. There are fees for both the installation and monthly maintenance of the IID, which must be paid by the driver. If you can prove, through a lengthy “Financial Disclosure Report”, that you are unable to pay for the IID, the County will pay for all costs involved.
The IID operates by requiring that a motorist blow into a ignition interlock device (IID) in order to start the ignition to the vehicle. If the IID detects a blood alcohol concentration of 0.25% or greater, the vehicle will not start. If there is a failed start up test, the driver is required to do a re-test within a few minutes. If the re-test is failed or missed, this violation will be recorded on the device and the information will be provided to the county probation department, the sentencing Court and the District Attorney’s Office.
Once the vehicle is started, the driver will be required to perform a re-test on regular intervals of approximately 15 to 30 minutes. If the test is failed, a “rolling re-test” must be passed within 3 minutes. If there a failed or missed rolling re-test, there will be a violation with the information being reported to the three entities described above.
In our next installment, we will discuss some potential violations and other related information about the IID.
If you are charged with any New York drunk driving offense, or a traffic infraction, contact the Westchester County DWI Lawyers online or toll free at (914) 428-7386 for a free consultation with an experienced defense attorney to discuss your legal rights and options.