NYS Ignition Interlock Overview
Leandra’s Law is best known for the substantive charge of DWI while
driving with a child passenger 15 years old or younger. This became
effective on December 18, 2009. This
law also contains some progressive sentencing provisions requiring
the installation and use of an ignition interlock. Most striking are
the provisions which take effect on August 15, 2010. Here is a
summary:
Mandatory Ignition Interlock.
A conviction for any misdemeanor or felony DWI under VTL
sections 1192(2),(2-a) or (3), or a conviction for any Penal Law
charge that has a violation of those VTL §1192 sections as an
essential element, requires a mandatory sentence:
1) To install an ignition interlock device on any car owned by the
defendant for at least 6 months; 2)
Prohibiting the defendant from operating any vehicle without an
ignition interlock device (VTL 1198(9)(d)); and
3) Requiring DMV to note the interlock restriction on the
defendant’s operating record [VTL §1198(4)(b)].
Criminal Charges for Interlock Violations:
·
VTL §1198(9)(a) (Class
A Misdemeanor):
No person whose driving privilege is restricted
to operate a motor vehicle
only with an ignition interlock device pursuant
to the Vehicle and Traffic Law 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.
·
VTL §1198(9)(b) (Class
A Misdemeanor):
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.
·
VTL §1198(9)(c) (Class
A Misdemeanor):
No person shall tamper with or circumvent an otherwise
operable ignition interlock device.
·
VTL §1198(9)(d) (Class
A Misdemeanor):
No person subject to a court ordered ignition interlock
device shall operate a motor vehicle without such a device.
Other Sanctions:
·
A defendant must provide proof of compliance with the ignition
interlock requirement or be subject to the revocation, modification,
or termination of the defendant’s sentence of probation or
conditional discharge.
The defendant may be re-sentenced as provided by law. [VTL
§1198(4)(a)]
·
Failure to install or maintain an ignition interlock may result in
the revocation of the defendant’s post-revocation conditional
license. [VTL §1198(3)(c)]
What I find most interesting is how the program will be
administered. The bill
as passed has tasked the Department of Probation and Correctional
Alternatives with the mission of drafting the implementing
regulations. (Vehicle and Traffic Law §1193(1)(g)
Specifically:
1) governing the monitoring of compliance
2) providing standards for monitoring by
departments of probation
3) providing alternatives to probation monitoring that
counties may adopt.
4) providing a
system of payment plans or waivers for indigent defendants.
If you have thoughts or suggestions, please post your comments. I am
very interested in this topic and will gladly pass on your thoughts.
Thanks.
Frequently asked Questions about the Interlock Program
What is the purpose of an ignition interlock program?
An Ignition interlock program is designed to help NYS reduce the
amount of repeat DWI offences by installing and ignition interlock
device in the car of first time offenders. This ignition interlock
device is intended to disallow a person to start their vehicle
without blowing a recognizably sober breath sample into the
interlock device. In many states research has shown that DWI
offenders are far too often repeat offenders and statistics have
shown that in states that have an ignition interlock program, the
percentage of offenders that become repeat offenders is
significantly reduced by the use of ignition interlock devices.
How does the Interlock system work?
The ignition interlock system works by making drivers with
conditional ignition interlock licenses install an interlock device
which does not allow anyone to start the car without giving a
“sober” breath sample.
What happens where there is a random rolling retest?
A random rolling retest is when the ignition interlock system asks
the driver to supply another breath sample after the car has already
running. If the person fails to give a clean breath sample or does
not supply a breath sample all together, the car will begin to set
off an alarm like feature similar to many cars anti-theft alarms.
This alarm feature is designed to both alert nearby police and
innocent bystanders of the possible danger this vehicle. The
ignition interlock device is designed to continue this alarm until
the car’s ignition is turned to the off position.
How does someone enroll in an ignition interlock program?
Someone can enroll in an ignition interlock program either
voluntarily which can be good for families with younger drivers and
in some cases can reduce your monthly car insurance bill.
A person can be placed in an ignition interlock program by court
order. In NYS it is required that first time DWI offenders are
enrolled in an ignition interlock program. This is new law will be
in effect starting August 15th 2010.
How long must a DWI offender remain in the ignition interlock
program in NYS?
The amount of time which a person must remain in the ignition
interlock program in NYS varies on a case by case basis. Once
enrolled in the interlock program, a person’s term can be extended
or shortened depending on their compliance with the interlock
program. Basically if a person continues to fail to give a “sober”
breath sample to the ignition interlock device, there is a good
chance that they will be in the interlock program longer than
someone who continues to obey the rules of the program and has
little or no failed breath samples.
Calibration and Monitoring of the ignition interlock device
People who have been mandated to enroll in the ignition interlock
program must submit proof of the installation of the interlock
device to the court, county probation department, and any other
designated monitor. Such persons must also submit to service visits
within 30 calendar days of prior service visits for the collection
of the data from the ignition interlock device, and every 60 days
they must submit to further service visits for calibration checks or
recalibration purposes if necessary.
Who pays for someone to be in the ignition interlock program?
The fees for the interlock program are the responsibility for the
person who either voluntarily installs the device or who is mandated
by the court, unless that person is deemed by NYS as being unable to
pay for the ignition interlock program.
Where can someone have an ignition interlock device installed?
In NYS each county will provide a list of the manufactures of the
ignition interlock devices. The manufactures will provide you with
the information regarding where you can have their specific
interlock device installed.
Based in Albany, our attorneys handle cases in
the following counties:
Albany
Schenectady
Rensselaer
Montgomery
Fulton
Saratoga
Greene
Columbia
Schoharie
Otsego
Warren
Washington