Ignition Interlock Device
Arrested for DWI? You May Be Required To Install An Ignition Interlock Device
Our office has defended many clients who were convicted of driving while intoxicated, and one of the most common stipulations of a DWI conviction is an ignition interlock device, or IID. The device is similar to a breathalyzer in that it estimates the BAC of the user by examining the user’s breath. However, an IID is wired into the ignition of a car, and failure to pass a breath test will result in a car refusing to start. If you have been convicted of a DWI, you should immediately contact an experienced New York DWI attorney.
Below are several issues to expect as you begin to use an ignition interlock device.
1. An ignition Interlock Device is a Common Consequence for DWI Convictions.
Any driver convicted of misdemeanor or felony drunk driving penalties in New York is required to install and maintain an ignition interlock device at her or his own expense on any vehicles that the driver owns or operates for a minimum of six months. Regardless of whether it is the driver’s first, second, or third offense, the installation of an ignition interlock device is just as much a consequence of a DWI conviction as jail time, driver’s license suspension, and fines.
2. Your Breath Will Serve as the Litmus Test for Your Ability to Drive Every Single Day.
An ignition interlock device is connected to a motor vehicle’s ignition system, and it measures the alcohol content of the driver’s breath. As a result, the vehicle cannot be started until the driver provides an acceptable sample breath. If alcohol is detected on the driver’s breath, the vehicle will remain stationary and the authorities will be notified. To further dissuade drivers from drinking after a DWI conviction, the IID may request a random retest while the car is in motion, and if alcohol is detected, the car’s alarm will sound until the ignition is turned off. For an aggravated DWI offense or any repeat alcohol or drug offense within five years, a judge is required to order that the system be installed on each vehicle owned or operated by the motorist during both the revocation period and any probation period that follows.
3. You Will Be Responsible for All IID Expenses.
The cost of the ignition interlock device depends on the vendor and the level of ignition interlock service. An IID usually costs approximately $100 for installation, plus a monthly fee of $100. The individual who is convicted of DWI in New York is legally mandated to pay all fees associated with installing and maintaining these devices.
4. If Your DWI Charge Is Reduced to DWAI, You Will Be IID-Free.
In the state of New York, a DWI conviction is a misdemeanor. With the consent of the prosecutor and the acceptance by the judge, a DWI can be dropped down to a DWAI. This charge is a traffic infraction, which carries a shorter period of suspension, no ignition interlock device installation, a smaller fine, and no criminal conviction.
5. IIDs Might Be a Consequence for Underage DWI as Well.
Installation of an ignition interlock device can be a requirement for DWI charges for individuals under the age of 21 years. In addition to the fee for a suspension termination, possible consequences for both a first and second underage DWI offense include IID installation and/or enrollment in the New York Drinking Driver Program (DDP), and the minor will be responsible for all costs for both consequences.
Having to install and maintain an ignition interlock device in your car can prove to be an embarrassment just as much as it is a financial burden. New York DWI attorney Carl Spector has substantial experience in fighting DWI charges, and strives to spare our clients the hardship of having their every move monitored by a breath test. If you are facing a DWI charge, contact our office at once so that we can advocate on your behalf.