The Ignition Interlock Device
By Ramy Louis, Esq.
A DWI conviction in New York can have lasting consequences and burdensome conditions including installing an ignition interlock device. Get convicted of DWI in New York and by law you must install an ignition interlock device in any vehicle you own or operate. An ignition interlock device is a blood alcohol concentration (BAC) measuring device that connects to a car's ignition system and stops the car from starting if you blow more than 0.025%. As we've explained in
a previous blog the "legal limit" to be convicted for DWI under Vehicle and Traffic Law § 1192.2 is 0.08%.
The rules regarding installing and maintaining the interlock device are complicated. For instance, the interlock must be installed within 10 business days after sentencing. If you to make repairs on your car in order to install the interlock device, then you can have up to 7 business days after they are completed. After installing the interlock, you have to provide proof of installation to the court within 3 business days. The DMV will also note on your driving record that there is an ignition interlock device condition on any car you own or drive.
Not only that, but once you install the interlock, you have to blow into it to start the car and randomly have to submit further breath samples within 30 minutes of traveling. If you blow too high or fail to submit subsequent breath samples then the interlock device will enter into "lockout mode" and your car will be inoperable if it is not serviced within five calendar days. 9 NYCRR§ 358.3(m). Worse, a positive reading of alcohol in your breath can be sent to the District Attorney who can file additional charges for violating the rules and conditions of your sentence which could lead to jail time.
The consequences of having to install an interlock on your car are severe and those required to install one should be aware of what they are in store for. Most people and many lawyers are unaware. If you are facing the possibility of a DWI conviction then you should contact a DWI lawyer who knows about these severe consequences and will fight to make sure you don't have to go through it.