Friday, June 21, 2024

DUI News Blog

The Latest DUI News and Information From DUI Defense Attorneys Across the Country

New York Ignition Interlock Device Pamphlet


If you are convicted of common law Driving While Intoxicated (“DWI”), per se DWI, or per se Aggravated DWI, you are required to install and maintain an Ignition Interlock Device (“IID”) in any vehicle(s) that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.  Therefore, even if you do not drive during this period you will be in violation of your sentence if there is a car titled in your name without an IID.  Additionally, you may not drive a car titled in someone else’s name unless there is an IID of the same class installed in that vehicle.

You will have 10 business days, from the date of your sentencing, to have an IID installed in any vehicle(s) titled in your name.  This requirement is mandatory even if you do not have driving privileges. Once you are sentenced, however, you cannot drive any car that does not have an Interlock.

Accordingly, it may be in your best interest to (a) have the IID installed prior to sentencing, and/or (b) limit the number of vehicles that you have titled in your name.  In this regard, please contact our office and we will provide you with contact information as to IID installation locations and the phone number for your monitoring agency (“monitor”).

The IID installation location is required by law to install the IID in your vehicle within 7 days of your request.  Further, once the IID device is installed in your vehicle you will have 3 business days to notify your monitor that it has been installed.  Please also contact our office so that we may notify the Court.

Getting the IID installed in your vehicle

Make sure you bring the following items with you to the IID installation location:  (a) photo identification; (b) proof of automobile insurance, including the name of your insurance company and policy number; (c) your vehicle’s VIN number, (d) a statement disclosing the names of all other individuals who operate the vehicle; and (e) if you are not the titled owner of the vehicle, a notarized affidavit from the titled owner granting permission to install the IID.

Costs associated with the IID

The cost of an IID varies depending on the vendor, as well as the class of interlock required.  The installation fee can range from $0 to $100.00, and the monthly fees can range from $75.00 to $125.00.

How an IID works

You should consult at length with the installer regarding everyday use of the IID installed.  Generally, IIDs work in the following manner.  If you register .025% or more when you try to start your vehicle, your vehicle will not start and you will be required to perform a start-up retest within 5-15 minutes of your failed start-up test.  If you miss the required start-up retest, it will be the same as if you failed it, and the IID will go into “lockout” mode.

Once the vehicle is operating, you will be required to provide an additional sample within 5-15 minutes.  You will also be required to provide a sample at random intervals no more than 30 minutes apart, for the duration of travel.  If a rolling test is missed or failed, a rolling retest will be required within 1-3 minutes.  If you fail to provide a requested sample or test positive for alcohol, the IID may enter lockout mode.

Lockout mode

When an IID enters lockout mode, it causes your vehicle to become inoperable if it is not serviced within 5 calendar days.  An IID will enter lockout mode upon the following events:  (a) a failed start-up retest; (b) a missed start-up retest; (c) a failed rolling retest; (d) a missed rolling retest; or, (e) a missed service visit.

Service visits

You also must be aware of the required service visits.  After the IID is installed in your vehicle, you must return for an initial service visit, at your installation location, within 30 calendar days of installation.  At the service visit, data is collected from your IID, and the device is inspected, calibrated and maintained.  After the initial service visit, you must return for service visits within every 60-calendar day period while the device is installed in your vehicle.  If your IID is not equipped to automatically transmit data to your monitor, you must return for a service visit within every 30-calendar days.

Violation of IID requirements

There are a number of possible ways you can fail to comply with the IID requirements for which you will be deemed to be in violation.  They include:

1. Failure to install the IID before the expiration of the 10 days after sentence would constitute a violation;

2. Failure to comply with any of the required service visits discussed above;

3. Any attempt to circumvent or tamper with an IID is a violation.  Specifically, you may not ask someone else to blow into your IID.  Nor may you attempt to rewire the device in a way that would allow you to start the car without providing a breath sample;

4. Failure of the start-up retest;

5. Missing the start-up retest;

6. Failure of the rolling retest;

7. Missing the rolling retest; and

8. Any time the car goes into lockout mode.

Consequences for violating your IID requirements

At a minimum, if you fail to install, tamper with the IID, or provide a sample indicating a BAC of .05 or greater, then your monitor must report the event to the Court and the District Attorney’s Office within three business days.  If you are sentenced to probation and have any positive readings on the IID, you risk the possibility of being violated.

Because your sentence is conditioned upon your compliance with the IID requirements, any violation could result in a number of different consequences.

In this regard, your monitor can recommend a variety of modifications of your sentence including: (1) an extension of the IID required period; (2) a requirement that you attend alcohol treatment; (3) that the matter be referred to DMV for possible suspension or revocation of your license; and, (4) a possible jail/probation term.

Furthermore, it is a Class A misdemeanor to ask someone else to blow into or tamper with your IID.  Therefore, if your monitor reported this type of conduct to the District Attorney’s Office, you would likely face new charges.

It is also a Class A misdemeanor for a non-driver to blow or tamper with the IID.

Therefore, for example, if you were to ask a friend or family member to blow in the device so that you could get a reading that was negative for alcohol, both you and that other person could face criminal charges.

Note of Caution

Be aware that the IID is capable of detecting very slight amounts of alcohol in your system.  If you intend to drive in the morning after consuming alcohol the night before, you run a very significant risk that the machine will detect a BAC that will prevent you from driving.  Even if it is only mouth alcohol that the machine detects, and you can prove that is the case, you will still be unable to start your car.  You also may need to go before the Court and explain what happened.

Additionally, be aware that the IID is equipped with a camera.  Therefore, any and all conduct may be photographed and potentially used against you in a criminal proceeding.

Uninstalling the IID

It is important that you contact our office 30-45 days prior to the expiration of the IID requirement.  This will give us an opportunity to speak with your monitor to confirm the date of the removal of the IID.  Thereafter, the monitor will issue a “certificate of completion” to the IID installer authorizing the IID’s removal.  If this is not handled in advance, it is possible that you will continue to pay for and operate the IID beyond the date your sentence expires.

Tagged with

Peter Gerstenzang

Peter Gerstenzang

Peter Gerstenzang is the senior partner in the Albany law firm of Gerstenzang, O'Hern, Hickey, Sills & Gerstenzang. He is a 1970 graduate of Albany Law School. He is one of only three lawyers in New York State who have been Board Certified as specialists in DUI Defense Law by the National College for DUI Defense ("NCDD"). The NCDD is the only organization accredited by the American Bar Association to certify attorneys as specialists in DUI law.* His practice focuses on Criminal Defense with an emphasis on DWI cases and Vehicular Crimes. In addition, Mr. Gerstenzang is listed as a top DWI attorney in the following publications: The Best Lawyers in America®, The New York Area's Best Lawyers®, and New York Super Lawyers® Upstate Edition. He is listed as one of the "Top 25 Hudson Valley Super Lawyers 2010" regardless of category.

5 Responses

  1. I was convicted of misdemeanor ADWI . My license is revoked for 1 year. The Judge is ordering installation of an ignition interlock device on my live in girlfriend’s (unrelated) vehicles. I do not own and cannot operate any vehicles due to the revocation period. I have never owned any of her vehicles. Does my girlfriend have to install this device and what are the consequences if she refuses.

    Thank you!


    1. Michael:

      The long and the short of New York’s IID regulations is that you can only be required to place an interlock on any vehicle you own or operate. If you own no vehicle, you cannot be required to place the device on more than one vehicle. That being said, I did have a situation where the Judge required an interlock to be installed on my client’s wife’s vehicle.

      That requirement was overturned by an appellate court in an unpublished decision.

      Ed Fiandach

      1. Thank you for your response. I did not realize you responded until I happened upon your website again. Does your response indicate my girlfriend may have to have one installed on one vehicle, even though I can’t operate ANY vehicle and own none? In the case you reference, was your client’s license revoked and did he own a vehicle that had to have the device installed?

        Thanks again!

  2. My boyfriend has a smart start breathalyzer in his car. But what if someone else uses the car and blows into it and gets a violation. But there is a photo of the other person making the violation. What are the consequences ?

    1. Sarah,
      Unfortunately the laws differ significantly from state to state, so it is not possible to provide a specific answer over a blog. I suggest your boyfriend discuss this with his lawyer ASAP. This has the potential of being a serious probation violation. Steve Oberman

Leave a Reply

Your email address will not be published. Required fields are marked *