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The Interlock Law

The Interlock Law

ignition interlock deviceSince August 15, 2010 for any DWI case in New York City the court may require that an ignition interlock device (IID) be installed in your vehicle as part of your probation requirements. Whether a device is required depends on the circumstances of your case and is at the sole discretion of the judge.

Every person required to install an IID must provide proof of installation to the court and the proper authorities overseeing the probation. The New York DWI driver is responsible for paying the cost of installation of the device as well as the monthly payments. Employees who must drive a company owned car in the scope of their employment may operate such a vehicle without an IID device so long as the employer is notified of the IID requirement and proof of notification is kept in the vehicle at all times.

Under New York Law  the IID statute requires that a device must be installed on all vehicles the DWI offender owns and operates on a regular basis. IID’s MUST be installed for the requisite time period, or the DWI offender’s driving privileges will not be reinstated.

The IID will be installed on the vehicle and will remain there for the entire time it is required. Any person who wishes to operate the vehicle must use the device in order to start it. Random breath samples are required periodically while the car is in motion to prevent a sober friend from starting the vehicle. iidFailure to provide a sample or a sample over the requisite blood alcohol content level (.05) will result in the sounding of alarms. Three minutes will be allowed between sample and alarm – thus if it is unsafe to provide the sample while driving, the driver will be given enough time to safely maneuver off the roadway to blow into the device before the alarm will sound. The device will never immobilize the vehicle, so that accidents may be prevented. IID’s are designed to prevent any tampering. Attempts to tamper or circumvent the device will result in imposition of further penalties.

For more information on ignition interlock devices and how they may affect your case, contact The Law Offices of DWI attorney Michael S. Discioarro,LLC, call 917-519-8417.