New York DWI – Ignition & Vehicle Interlock Device

Understanding DWI Charges in New York

DWI charges are serious offenses that come with steep consequences if you’re convicted of them. The state of New York has a zero tolerance policy for drunk drivers and arrests those who are found to be driving with a blood alcohol content level over 0.08%. Even if your BAC level was beneath this legal limit set by the set, you could still be arrested for DWI if you exhibit the signs of intoxication.

Consequences for DWI

There are numerous consequences for DWI convictions in New York, including fines, fees, having to enroll in a DWI class, imprisonment, probation, community service, license revocation and suspension and much more. However, perhaps one of the most troublesome consequences is having to have an ignition interlock device installed on your vehicle.

Ignition Interlock Law

With today’s innovations in technology also come some potentially technology that can be troublesome for those convicted of crimes like ignition interlock devices. In an attempt to help keep convicted drunk drivers from driving while under the influence of alcohol again, states like New York have passed ignition interlock laws that make it so that anyone convicted of a DWI must have an ignition interlock device installed in every vehicle that he or she operates for a certain period of time upon getting their licenses reinstated.

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Legal Scenario: What Would You Do?

Scenario

After a DWI conviction in New York, you were ordered by the court to install an ignition interlock device on your vehicle for 12 months. Three months into the requirement, your IID registers a failed breath test when your teenage son tried to start the car after using mouthwash, and now you've received a violation notice from the monitoring company.

Can a false positive on my ignition interlock device lead to additional penalties or extend my interlock requirement?

Attorney's Answer

Under New York's Leandra's Law and VTL § 1198, any failed breath test or attempted circumvention of an IID is reported to the court and can result in an extension of your interlock period or even revocation of your conditional driving privilege. However, IID devices are known to register false positives from substances like mouthwash, certain medications, and even some foods, and an experienced attorney can challenge these readings by presenting evidence of the circumstances surrounding the failed test. We would request the device's calibration records and maintenance logs to determine whether the unit was functioning properly, and we can subpoena the monitoring data to show the pattern was inconsistent with actual alcohol consumption. It is critical that you document every incident immediately and avoid any attempts to retest quickly, as rapid retesting after a fail can itself be flagged as a potential violation under the interlock program's guidelines.

This is general information only. Contact us for advice specific to your situation.

Types of License Suspension

There are two types of license suspension in New York. One is an administrative suspension while the other is a judicial suspension.

Administrative Suspension