After certain DUI/DWI violations in Westchester County, NY you might be required to install an Ignition Interlock Device (IID) in your car(s). In New York, Ignition interlock is required for all DUI/DWI offenses during the period of license revocation or a minimum of 6 months, according to the NCSL.
It’s most likely that you’ll be required to have the IID installed for at least 12 months. IIDs require you to provide a breath test before being able to start your car, and conduct random breath tests while you are driving. Failing to provide a breath sample is a violation in itself.
Ignition Interlock Devices help prevent driving under the influence. You’ll have to breathe into the device to test for alcohol in your system before you’ll be able to start your car. The BAC (blood alcohol content) limit for New York is .08, according to the NY DMV. If the device detects a BAC higher than .08 you won’t be able to start your car. But what if you fail the test? What if you misuse your IID or violate IID requirements? What happens next?
Common Ignition Interlock Device Violations
- Operating a vehicle that is NOT equipped with an IID
- Trying to tamper with or disconnect the device
- Attempting to bypass the device (having someone else provide the breath sample)
- Trying to remove the device
- Failing a startup test (with a BAC above .08)
- Failing a rolling retest (with a BAC above .08)
- Skipping a rolling retest
- Continuing to drive after failing a rolling retest
- Not reporting a lockout
- Missing a monthly service visit
- Failing to pay monthly maintenance fees
Penalties for Ignition Interlock Device Violations in New York
While IID violation consequences and penalties in New York vary based the type of violation, they can include:
- Inability to start your car until your BAC is under .08.
- Activation of your horn, flashing lights, etc. while driving so that you will need to pull your car over to the side of the road.
- Impoundment of your vehicle
- Permanent lockout from your vehicle requiring a tow to a service center
- Extension of the length of time you’ll be required to keep an ignition interlock device installed
- Revocation of your restricted license
- Revocation of all driving privileges
- Jail time
- And more
Be aware that you are responsible for any program violations. If someone else drives your IID-equipped vehicle and violates IID requirements, you will be responsible, says Alcolock. In some cases, you might be able to work with a DUI attorney to prove your innocence if someone else violated the program.
Remember that driving without an IID against a court order and helping someone drive without a court ordered IID are Class A misdemeanors punishable by up to 1 year in jail, according to NYCourts.gov.
Common Reasons for a Failed IID Test
Of course, if you fail an IID test, an obvious answer might be that you have been drinking and have an illegal blood alcohol content in your system. However, if you know you haven’t been drinking and you still fail a test – don’t panic. There are several common factors that could contribute to errors in an IID test result, says LifeSaver, including:
- Alcohol-based mouthwash
- Fermentation of fruit products in your mouth
- Yeast from bread or pizza dough
- Residual alcohol in your system from drinking the previous night
If the test failed by mistake and you didn’t violate any program requirements, you will normally be allowed to try again in a few minutes and get on with your day.
Do You Need Legal Assistance?
If you have violated your Ignition Interlock Device requirements, you might need help from an attorney to avoid serious penalties in Westchester County, NY. An attorney might be able to help you convince the courts that the violation was a mistake and that the penalties are unjustified. Similarly, if someone else violated your IID requirements with your vehicle, an attorney can help you prove that you’re not the one to blame. A DUI/DWI on your record already jeopardizes your future driving privileges and other opportunities and freedoms. Don’t let an IID violation make things worse.
Potential penalties for an IID violation can cause a lot of stress, even if you believe you didn’t commit a violation. At the Law Offices of Darren DeUrso, we provide compassionate and dedicated legal representation for our clients throughout the Westchester County and White Plains areas. Don’t let your future turn into a nightmare! Get the legal help you need to get back on track! Contact us at 914.772.8614 or online. For your peace of mind, we offer free initial consultations so you can discover your best route at no cost!
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601