New York DWI Lawyer Blog

Last week, we posted on initial blog regarding the new ignition interlock requirements pursuant to Leandra's Law, which went into effect on August 15, 2010. This article will discuss additional requirements and elements of the law. When you are sentenced to either a misdemeanor DWI or New York felony DWI, you must have the ignition interlock device (IID) installed within 10 days of your sentence. Once the IID is installed, you must report the installation within three days to the Court.

When you are ordered to install an IID, the Court will require that any vehicle you have access to (own or operate) has the device installed. Your conditional driver's license, if you are eligible for one, will note that you are required to have an IID in your car. Thus, if you attempt to rent a car, the rental car facility must only rent you a vehicle equipped with an IID. If they do not do so, both you and the rental car ownership can be subject to a potential misdemeanor charge.

The device must be serviced on regular intervals as directed by the probation department, in order for information to be downloaded and provided to the sentencing Court, District Attorney's office and county probation department. If you have one or more missed or failed start up tests or one or more failed or missed rolling tests, this can be the basis for re-sentencing by the Court. If you or someone else attempts to tamper with the device, disable the device, or if you have someone else blow for you, this can lead to a misdemeanor charge.

There is also a "lockout mode", which is triggered if you fail or miss a start up test, re-test or fail or miss a rolling test or re-test. If you do not re-take the test and pass it within 5 days the car will go into lockout mode. When this happens, the only way the vehicle can be started again is to take it back to the installer and have the device reset.

Continue reading " New Ignition Interlock Law Now In Effect--Part 2 " »

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.

Continue reading " New Ignition Interlock Law Now In Effect--Part 1 " »