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WHO MUST INSTALL AN IGNITION INTERLOCK DEVICE UNDER NEW YORK’S IGNITION INTERLOCK DEVICE PROGRAM?

New York DWI lawyers are now forced to counsel their clients on the new penalties attached to DWI convictions in New York. On November 18, 2009, New York enacted the Ignition Interlock Device Program. Pursuant to this law, effective August 15, 2010, one who was arrested in New York on or after November 18, 2009 and convicted on or after August 15, 2010 for (1) Driving While Intoxicated per se (VTL 1192(2); (2) Common Law Driving While Intoxicated (VTL 1192(3)); (3) Aggravated Driving While Intoxicated (1192(2-a)); or (4) any crime found in the Vehicle and Traffic Law or the Penal Law of which an alcohol-related violation of any provision of VTL 1192 (New York’s DWI laws) is an essential element will be required to have installed an ignition interlock device in any vehicle he or she owns or operates for a period of at least six months.
This ignition interlock device must be installed even if the court imposes a conditional discharge. (See VTL 1193(1)(b)(ii); VTL 1193(1)(c)(iii); VTL 1198; and PL 65.10(2)(k-1)). To clarify: the IID law does not apply to those arrested before November 18, 2009 even if they are sentenced after August 15, 2010.
This can prove to be quite an onerous condition. For example, a married father with two children of driving age might very well own or operate four cars. If he were to be convicted of an offense that mandates the installation of an IID, he would have to install an IID in all four cars at his own cost. Initial installation and monitoring costs will be discussed in a future blog but generally, initial installation will cost from $80.00 to $225.00 for each car and monthly monitoring will cost as much as $90.00 per month per car. In this example therefore, the defendant could spend as much as $900.00 for installation in the four cars and $360.00 per month for monitoring of the four units for a minimum of six months. The costs can run into the thousands.
For more information about New York’s Ignition Interlock Device Program or other Driving While Intoxicated issues, please contact Tilem & Campbell toll free at 1-888-DWI-COUNSEL (888-394-2686) or visit us on the web at www.888DWICOUNSEL.com