Ignition Interlock Devices
DWI Attorney Buffalo NY
If you have been convicted of Driving While Intoxicated (“DWI”) and have been sentenced on or after August 15, 2010, you must install a device called an Ignition Interlock Device (“IID”) on all vehicles you own. This device will be required for a minimum period of six months.
The modifications integrated the Ignition Interlock Device regulations, requiring that any driver convicted of a DWI must have an IID installed in any vehicle they own or operate. DWI offenders will also receive an “Ignition Interlock” restriction on their Driver’s License in New York.
Note that DWAI offenders are not required to install an Ignition Interlock Device, nor are offenders of DWAI by Drugs, nor DWAI by the combined influence of Alcohol and Drugs.
Leandra’s Law was enacted to honor the memory of Leandra Rosado, a child who was killed when she was riding in a vehicle with her friend’s intoxicated mother. After the horrific event, New York enacted several modifications to the Vehicle and Traffic Law (“VTL”). These modifications harshened the ramifications for drivers who are under the influence of alcohol, especially with children present. Anyone charged under Leandra’s Law will be required to install the device.
What is an Ignition Interlock Device?
An Ignition Interlock Device is a mechanical device installed on any vehicles you own and operate. This IID device requires you to blow into an intake tube, allowing the device to measure your Blood Alcohol Content (“BAC”). If your blood does not contain any alcohol, the device will allow your vehicle to start. After the vehicle starts, you will also be subjected to a second “rolling” breath sample within 5 to 15 minutes. After that first initial rolling sample, the device will require additional rolling samples randomly imposed every 30 minutes or so (they will never be longer than 30 minutes apart).
What if the Ignition Interlock Device detects alcohol?
If the IID detects alcohol on your breath, your vehicle will not start. You will be able to take a second “retest” within 5 to 15 minutes, and if you pass that test, your vehicle will start. However, if you fail that retest or choose not to take it, your vehicle will stop working and the device will need to be serviced within five days. Similar penalties (device servicing within five days) are imposed if you fail to take (or fail) a rolling test after failing/missing the initial rolling test, or if you miss a servicing appointment with the IID company that maintains the device.
How quickly do I need to install an Ignition Interlock Device after sentencing?
If you have been convicted of a DWI or another alcohol-related charge that requires the installation of an Ignition Interlock Device in Buffalo and Western New York, the device must be installed within ten business days of sentencing. After installation, you must provide proof of said installation to the court, county probation department, or any other designated monitor that might have been assigned to you.
It is important to note that once you have been sentence, your driver’s license will effectively have the “Ignition Interlock” restriction – meaning you cannot lawfully operate a motor vehicle without using an IID device. Thus, if you drove your car to the court, you will not be able to drive it home if you did not preemptively install an IID device.
How much do Ignition Interlock Devices cost in Buffalo?
Ignition Interlock Devices in Buffalo typically cost between $600 and $900 – but they can be more expensive.
Are there any additional penalties associated with an Ignition Interlock Device?
If you are caught and convicted of one of the following, you will be guilty of a Class A misdemeanor (criminal offense):
- Allowing, soliciting, or requesting someone else to blow into an Ignition Interlock Device that was installed via Court order;
- Bypassing, tampering with, or altering a Court ordered Ignition Interlock Device;
- Operating a motor vehicle without using an Ignition Interlock Device that has been ordered by the Court.
If you have been charged with a DWI or another alcohol-related crime, our skilled DWI Attorney in Buffalo NY John M. Dudziak will help protect your rights and defend your case. Call us today for a FREE consultation to learn how we can help.