NYC DUI BLOG
NEW YORK CITY DUI DEFENSE LAWYER
NEW YORK INTERLOCK LAW
Starting in August 15, 2010 every DWI/DWAI case in New York, the court may require that an ignition interlock device (IID) be installed in your vehicle as part of your probation requirements. Whether a device is required depends on the circumstances of your case and is in the sole discretion of the sentencing judge. This is in addition to any other penalty and fines.
Every person required to install an IID must provide proof of installation to the court and the proper authorities overseeing the probation. The New York DWI/DWAI driver is responsible for paying the cost of installation of the device as well as the monthly payments. Employees who must drive a company owned car in the scope of their employment may operate such a vehicle without an IID device so long as the employer is notified of the IID requirement and proof of notification is kept in the vehicle at all times.
Under New York DWI Law, the ignition interlock device statute requires that an IID device be installed on all vehicles the DUI offender owns and operates on a regular basis. IID's MUST be installed for the requisite time period, or the DUI offender's driving privileges will not be reinstated.
The IID will be installed on the vehicle and will remain there for the entire time it is required. Any person who wishes to operate the vehicle must use the device in order to start it. Random breath samples are required periodically while the car is in motion to prevent a sober friend from starting the vehicle. Failure to provide a sample or a sample over the requisite BAC level (.05) will result in the sounding of alarms. Three minutes will be allowed between sample and alarm - thus if it is unsafe to provide the sample while driving, the driver will be given enough time to safely maneuver off the roadway to blow into the device before the alarm will sound. The device will never immobilize the vehicle, so that accidents may be prevented. IID's are designed to prevent any tampering. Attempts to tamper or circumvent the device will result in imposition of further penalties.
This can cause a real hardship if a family shares one car and one member of the family is convicted of DUI. The cost can also have an impact. Installation of the device is about $100 and the monthly monitoring rate is about $100 a month. This can be a real problem for people without much disposable income. If you have been accused of DUI in New York City, contact the Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and protect your rights.
