New York Enforces Mandatory Interlock Device Use for All DUI Offenders
New York mandates that all people convicted of driving while intoxicated
install an ignition interlock device on their vehicles.
Across the United States, there are 22 states that require all convicted
DUI offenders to use an ignition interlock device, according to National
Conference on State Legislatures. The New York State Department of Motor
Vehicles notes that anyone convicted of misdemeanor or felony DWI must
install an interlock device on any vehicle that person owns for a minimum
period of 12 months. While ignition interlock devices allow people, who
have been convicted of
drunk driving, to continue driving, they come with a host of restrictions, as well as
maintenance and installation fees.
Understanding ignition interlock devices
Ignition interlock devices are essentially miniature breath test devices
that are installed directly into the ignition system of the offender’s
vehicle, with a unit that sits on the dashboard as well, according to
the Century Council. In order for the vehicle to start, the driver must
blow into a tube connected to the dashboard unit. The machine detects
whether there is any alcohol present in the breath sample, and records
the data. If the driver’s blood alcohol concentration is lower than
a preset amount, which is usually 0.02 percent, the car will start.
To keep the car going, the driver will be alerted to submit subsequent
breath samples, known as rolling retests. If the driver fails a rolling
retest or does not submit a breath sample, a small alarm will sound until
the car is turned off. According to the New York State Division of Criminal
Justice Services, interlock devices are able to record critical information
about an offender’s driving trends, including how long the car was
driven, all instances where the driver attempted to start the car and
their BAC during those attempts.
Program requirements
According to New York courts, the following are required:
- A person convicted of driving while intoxicated must have an ignition interlock
device installed by a state-approved supplier within 10 business days
of the court order. They then have three days to show the court that they
have complied with the order.
- Once the interlock device is installed, the offender must have their first
maintenance appointment within 30 days. After that, an appointment is
required every 60 days.
- During the maintenance appointment, all of the information from the interlock
device is downloaded and transmitted to the state. If the driver has a
failed attempt at starting the vehicle, has failed a rolling retest or
has not kept their mandatory maintenance appointments, the information
will be given to the state.
The state may choose to extend the
ignition interlock device program period or mandate additional penalties for people who violate
the conditions of the program.
Partner with an attorney
Whether you have driven while intoxicated or are a victim of a wrongful
DUI arrest, an attorney can provide essential legal assistance during
your court case. With a thorough knowledge of New York law, an attorney
can ensure that you receive maximum representation, which may help to
minimize your penalties.
