Ignition Interlock Device
After an arrest for DWI in Nassau County or Long Island, NY, contact an experienced criminal defense attorney focused on fighting these types of traffic offenses and serious driving charges. Understanding all of the consequences of the conviction is an important first step.
Ignition Interlock Devices As DWI Penalties in Garden City
Call the Law Office of Stephanie Selloni to discuss your best defense to fight the DWI charges or any other criminal charges related to the Ignition Interlock Device. We represent clients with pending charges in the Long Island, including the cities of Mineola, Hempstead, Westbury, Floral Park, and Glen Cove. Call us today at (516) 972-1212 for a free consultation.
Ignition Interlock Device Issues for New York
- What is an Ignition Interlock Device?
- Alternative Uses for the Ignition Interlock Device
- Misdemeanor to Operate Vehicle Without the Installation of the IID
- Sanctions Imposed Under Leandra’s Law
- Attempts to Circumvent the Ignition Interlock Device
- Deadlines for the IID Notification and Installation
- IID Events Triggering Reports to the DA and Court
- Ignition Interlock Device Resources
- Attorney Fighting DWI Penalties, Such As IID
What is an Ignition Interlock Device?
The ignition interlock device (often called the “IID”) is any blood alcohol concentration (BAC) equivalence measuring device. The IID is connected to a motor vehicle ignition system. It prevents a motor vehicle from being started without first determining through a deep lung breath sample that the operator’s equivalent blood alcohol level does not exceed the calibrated setting (.025%) on the device.
Alternative Uses for the Ignition Interlock Device
Besides just preventing the vehicle from operating when the driver has consumed any alcoholic beverage, you should also know that the IID has several alternative uses for law enforcement officers and prosecutors in the criminal justice system including:
- the IID can be used as a breathalyzer by the probation officer to determine whether the probationer has consumed alcohol in violation of the general terms of probation;
- the IIDs is equipped with GPS and real time reporting can be used to locate probationers and track movements; and
- the IIDs can help reinforce sobriety for those probationers in treatment and under supervision.
Misdemeanor to Operate Vehicle Without the Installation of the IID
VTL § 1198(2) requires any person convicted of a Driving While Intoxicated offense to install an ignition interlock device on any automobile that he may operate as a condition of his probation. Section 1198(9) makes operation of an automobile without a court ordered ignition interlock device a class “A” Misdemeanor.
Sanctions Imposed Under Leandra’s Law
VTL §1192(2), (2-a), or (3) became effective August 15, 2010. VTL §1193 (1) (b) (ii) and (c) (iii) requires that anyone who committed VTL §1192 (2), (2-a), (3) (including misdemeanor or felony DWI crimes) on or after the date of enactment on November 18, 2009 and sentenced on or after August 15, 2010, shall be sentenced to a period of probation or conditional discharge, in addition to any sentence of imprisonment or payment of any fine or penalty imposed.
Furthermore, at sentencing, the court must order the person to install an Ignition Interlock Device in any motor vehicle they “own or operate.” The law requires that the IID be installed “in no event for less than six months”. The term of probation or conditional discharge shall run consecutively to any term of imprisonment. The Ignition Interlock Device requirement then appears on the NYS Driver’s License and the Driver’s License File.
Attempts to Circumvent the Ignition Interlock Device
VTL §1198 (9) provides:
(a) No person whose driving privilege is restricted pursuant to this article or the penal law shall request, solicit or allow any other person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device, for the purpose of providing the person so restricted with an operable motor vehicle.
(b) No person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is so restricted.
(c) No person shall tamper with or circumvent an otherwise operable ignition interlock device.
(d) No person subject to a court ordered ignition interlock device shall operate a motor vehicle without such a device.
(e) In addition to any other provisions of law, any person convicted of a violation of paragraph (a), (b), (c) or (d) of this subdivision shall be guilty of a Class A misdemeanor.
New York State Regulations in 9 NYCRR Part 358 required the New York State DCJS to promulgate strict state regulations governing the installation and monitoring of compliance by anyone ordered to install and maintain the Ignition Interlock (IID) device.
New York State Regulations in 9 NYCRR Part 358 sets forth the regulations for operators, IID manufacturers, installers, and monitors including probation departments. The courts play a critical role in the enforcement of court-ordered probation and monitoring conditions related to the installation of the Ignition Interlock Devices.
Deadlines for the IID Notification and Installation
New York State Regulations in 9 NYCRR Part 358 sets forth requirements for the Courts and Operators including:
- imposing a five (5) day deadline for the monitor to receive notification from the Court pursuant to its county plan for IID condition or installation;
- imposing a ten (10) day deadline for installation of the IID by drivers after the court order;
- imposing a three (3) Three-day rule for the driver to provide proof of installation to the court, probation officer or designated monitor;
- requirement that the driver shall submit to service visits within 30 calendar days of prior installation or service visits where the device does not automatically transmit data directly to the monitor.
- requirement that the driver submit to 30-day visits, followed by 60-day visits when the device automatically transmits data directly to the monitor or the device head is sent to the manufacturer.
IID Events Triggering Reports to the DA and Court
Then New York State Regulations in 9 NYCRR Part 358 – Operator Requirements for Probation and the Monitor – require probation or the designated monitor to notification of the following events to the District Attorney and the Court within 3 business days of the event occurring:
- The driver failures to install IID on the vehicle the driver owns or operates;
- The driver has not complied with required service visit;
- Any report of alleged tampering or circumvention of Ignition Interlock Device (IID);
- Any report of a failed or missed start-up retest;
- Any report of failed or missed rolling retest; or
- Any report of a failed test where Breath or Blood Alcohol Concentration (BAC) is .05% or higher (including the reading on the initial start-up or rolling test).
Ignition Interlock Device Resources
Ignition Interlock Information from the New York State DCJS – Read information from the New York State Division of Criminal Justice Services (DCJS) about the New York’s new mandatory “first offender” ignition interlock laws for DWI misdemeanors offenses subject to sentencing on or after August 15, 2010. Leandra’s Law comprises Chapter 496 of the Laws of 2009 enhances the penalties and punishments for individuals that might endanger children while committing offenses for DWI in the State of New York. The ignition interlock device (IID) can record the number of ties the vehicle is started, failed attempts to start the vehicle, the driver’s estimated blood / breath alcohol concentration (BAC) when the car is started, and the time the vehicle was driven.
NY State Ignition Interlock Device Program – Financial Disclosure Report – DPCA-500IID-FDR
Nassau County IID Service Center Locations as of December 2016
To comply with the requirement for installing of the IID in the State of New York, the driver must use the Intoxalock device manufactured by Consumer Safety Technology, LLC, or another approved manufacturer. Call for an appointment to have the IID installed at one of the service locations listed below. All of the IID service locations in Nassau County as of December 20, 2013, are listed below.
877-777-5020 Avenue Sound
249 West Sunrise Highway
Freeport, NY 11520
516-546-3343 Car Tunes NY
45 Broad Hollow Road
Farmingdale, NY 11735
877-777-5020 DunRite Sound & Security
2562 Merrick Road
Bellmore, NY 11710
877-777-5020 Eagle’s Nest
257 Jericho Turnpike
Syosset NY 11801 Friendly’s Auto & Body
410 Long Beach Blvd
Long Beach, NY 11561 L & D Service Station, Inc.
723 South Oyster Bay Road
Plainview, NY 11803 LI Sounds
2021 Jericho Turnpike
New Hyde Park, NY 11040 Scorpion Security Systems
478A Maple Avenue
Westbury, NY 11590 Street Smarts Sound & Security
1797 Newbridge Road
North Bellmore, NY 11710
Attorney Fighting DWI Penalties in Nassau County
An ignition interlock device is a tremendous imposition. If you are facing DWI charges in Long Island, it is just one penalty you may receive. A drunk driving defense lawyer in Garden City can assist you. Call the Law Office of Stephanie Selloni today at (516) 972-1212 to set up a free consultation. We represent clients in and around the cities of Mineola, Hempstead, Westbury, Floral Park, and Glen Cove. Call us today at (516) 972-1212 for a free consultation.