Free Consultations & We're Available 24/7

Spodek Law Group Treating you like family since 1976

Get Legal Help Today

New York DWI – Ignition & Vehicle Interlock Device30 Jan 2019

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.

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 one.

Administrative Suspension

An administrative suspension is issued by the DMV, and you basically get it when you fail the arresting officer’s BAC test with a BAC level or 0.08% or when you refuse to take the test at all. In the old days, you used to could just refuse to take a breath test, and then your charges would be dropped, so you the state wouldn’t have evidence that you were indeed driving while intoxicated, so you wouldn’t have to go through the penalties of DWIs. Nowadays, though, thanks to the new law that makes it so that if you fail to submit to a breath test, you will immediately have your license suspended by the DMV.

Judicial Suspension

When you go before the court and are convicted of DWI, then certain penalties are doled out. In addition to jail time, fines and fees, you’ll be required to have an ignition interlock device installed on your vehicle for 6 months or longer usually. This means that in order for you to legally operate a vehicle, it’ll have to have an ignition interlock device installed on it.

How Does an Ignition Interlock Device Work?

Ignition interlock devices are basically BAC testers that are installed onto your vehicle’s starting system. In order for you to be allowed to start your vehicle, you have to blow a clean breath sample that registers a BAC of 0.00%, which is no alcohol. If you do blow a BAC higher than 0.00%, your vehicle will not start. Blowing over a certain percentage so many times in a row can lead to a lock-out, which basically makes it so that you won’t be able to start your call at all for a specific period of time. Sometimes the lock-out is for a few minutes, sometimes it’s a day, and other times it’s until you call the company that issued the IID and pay a fine for them to reset the device remotely to get you out of the lockout.

To top it all off, the IID will require you to submit periodic breath samples as you’re driving to make sure that you haven’t started drinking as you’re going down the road. In short, dealing with an IID can be a huge pain that can cause you to be late for work and make driving a hassle for you in general.

Contact a New York DWI Attorney

A DWI attorney can help you receive the least possible penalties for you DWI. If you do end up having to have an ignition interlock device installed on your vehicle, an attorney can assist you getting your requirement period to as few months as possible. They can also help you when it comes time to get it off. In some cases, the IID companies try to make it difficult to get it removed. Contact a DWI attorney today for help.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.

CLICK TO CALL