Ignition Interlock Device
New York State has recently added the requirement that people convicted of certain crimes under VTL § 1192 (see above), must install, and must bear the financial cost of installing and maintaining an ignition interlock device (IID) in any vehicle the defendant owns or operates for a period of time to designated by the Court.
Definition – The IID is a breath test machine into which any person who wishes to start and operate such vehicle must submit a breath sample by blowing into a plastic tube-like apparatus. The breath sample is then tested in a manner very similar to the police operated “breathalyzer” device to determine whether the subject giving the sample is legally impaired or intoxicated. If the person giving the breath sample is determined impaired or intoxicated the vehicle’s ignition will be blocked from starting. There are a host of retests, rolling retests and various other rules regarding the proper procedure for driving if required to install the IID in your vehicle or the vehicle of another which you operate. Consulting thoroughly with your attorney is essential to avoid unwitting violation of conditions and procedures governing the new IID regime in New York State.
Application – The IID will only be required of those who are found guilty of crimes regarding alcohol under VTL § 1192, or alcohol crimes, which incorporate VTL § 1192. The installation of the IID will always be required for at least six months and is required as a condition of probation or as part of a conditional discharge. The IID penalties apply to any defendants arrested after November 18, 2009 or, alternatively, defendants sentenced after August 15, 2010. The imposition of a period of IID will be consecutive to any jail sentence imposed.
Costs – The convicted defendant bears the entire cost of installation of $75 to $100. Additionally, the defendant must bring the vehicle with the IID installed in for service visits every 30 days without exception at $75 to $100 cost per visit per vehicle.
Complexity – As noted above, the inception of the IID penalty in New York State has created a large and complex web of defendants, installers, monitors and government officials who must coordinate their departments and procedures to make this system workable. There are many very specific requirements, which, if a defendant fails to follow, can result in a finding of violation or non-compliance with their probation of conditional release. Just one example is that once the IID requirement is imposed (upon a defendant not being sentenced to jail time) the defendant has 10 days to have the IID installed in every vehicle she owns or operates and then, must inform the Court through proof of the installation. Failure to provide such proof to the Court (even if the installation was timely done) within that three day period can lead to violation. There are literally dozens of other idiosyncrasies and seemingly arbitrary provisions governing this new regime in New York State DWI law, and this change only underscores the importance of diligence and learned representation when considering an attorney.
At Cohen & Forman we stay ahead of the legal curve, researching and training our attorneys and staff on the very newest developments in the law so as to best prepare our cases and educate our clients. Call us for a consultation today!
