State legislators amended the New York Vehicle and Traffic Law in August 2010 to add a provision to Leandra’s Law. Since then, anyone convicted of DWI must install an ignition interlock device. IIDs measure a driver’s blood alcohol content before a vehicle can start. If the driver’s BAC exceeds .025, then the ignition will not work.
If you are facing charges for drunk driving, a DWI lawyer in White Plains may be able to help. Call the Law Offices of Darren DeUrso at 914-772-8614 to discuss your charges in a free consultation. Until then, here are five facts to know about IIDs:
- The Alcohol Reader Can Make Mistakes
Some mouthwashes contain alcohol. If you use Listerine, for example, then your car may not start until the reader stops detecting it – even if there is no alcohol in your system.
- All of Your Vehicles Must Have an IID
If the court orders you to install an IID, the order applies to every vehicle that you own or operate. If you are married, then your wife’s car will have to get a device, too. Your children, if old enough to own a vehicle, will have to get one. If you operate vehicles for work, all of them will need an IID, as well. If you do not want to put everybody through this inconvenience, then you must prove that you will not have access to those cars.
- Only Select Vendors Can Install IIDs
The law requires convicted DWI offenders to use an IID for a minimum of six months. However, most of these orders stipulate that the device must remain in the car for at least one year. You will have to pay for installation and maintenance yourself, and the court requires that only select vendors install and care for the device. Maintenance alone costs more than $75 per month.
- IIDs Are Compulsory for All DWI Convictions
All DWI convictions include the order to install an IID. This provision is non-negotiable. It includes common law DWI, meaning that an officer’s observation of obvious intoxication, such as slurry speech and loss of balance, is enough evidence to justify the order. Of course, breathalyzer, urine and blood tests can also prove a driver’s intoxication and lead to an IID installation order.
This provision extends to aggravated and felony DWI convictions. The only exception to this rule is for Driving While Ability Impaired. DWAI is a traffic violation and not a criminal offense, and as such, the penalties do not include compulsory IID installation.
- The Court Requires Proof of Installation
When courts sentence DWI offenders, the convicted must go to the Department of Probation for directions on how to get an IID. The defendant must then go to a specially authorized facility for the procedure and return to court with evidence that the vehicle complies with the order. Additionally, offenders must provide proof that any vehicles they own or operate have IIDs.
If police charge you with any form of DWI, an experienced DWI attorney can provide invaluable legal guidance. Call the Law Offices of Darren DeUrso at 914-772-8614 to start planning your defense.