Ignition Interlock Device (IID)
If you are convicted or plead guilty to a felony or misdemeanor DWI after August 15, 2010, you will be required to install, in any vehicle you own or operate, an ignition interlock device in those vehicles. An ignition interlock device, also known as an IID, is a device which prevents the car from starting unless the driver blows into the device with a blood alcohol concentration of less than 0.25%. (Keep in mind that mouthwashes such as Listerine have relatively high alcohol content, so a non-alcohol based mouthwash is recommended). The IID requirement went into effect as a result of the promulgation of Leandra’s Law in late 2009, which now makes it a felony to be charged with a DWI with a child 15 years of age or younger in the vehicle.
When the motorist enters his or her vehicle, he or she will be notified to blow into the IID. If the test is successful, the vehicle will start. If not, the motorist is required to re-take the test within several minutes. If you fail the test a second time, or miss the re-test, the IID records this information, which will be directed to the sentencing Court, local District Attorney's Office, and the county probation department, who supervises the IID program. Additionally, while driving, the motorist must take a "rolling test" on regular intervals, (approximately every 15-30 minutes) and if you fail this rolling test, a rolling re-test must be performed within several minutes. A failed "rolling re-test" or missed re-test will also be recorded by the device and sent to the sentencing Court, District Attorney's Office and probation department. Additionally, and critically, a failed re-test will lead to the driver being locked out of the vehicle. If this occurs, the only way to get the vehicle started is to bring the car back to the facility where the device was installed.
The IID must remain in the vehicle for at least 6 months pursuant to the New York State Vehicle & Traffic Law. In practice however, Courts have been requiring that the IID remain in the vehicle for one year. There is an installation fee, as well as a monthly maintenance fee, which the driver must pay, unless he or she can prove to the Court that they cannot afford to install the IID through an extensive financial disclosure form. The requirement to have an IID in the vehicle will be placed on your driver's license. Thus, even a vehicle that you lease must have the IID in the car. If there is evidence of any tampering with the device, or an attempt to have someone else blow into the device, this can be the basis for criminal charges against both the motorist and anyone who attempts to blow into the device or tampers with it.
It is vital that you retain an attorney that is familiar with the new DWI legislation that went into effect on December 18, 2009. At the Law Office of Mark A. Siesel in White Plains, New York, we will fight to reduce the DWI charges against you and take every legal measure possible to avoid a DWI charge which would require the installation of an Ignition Interlock Device. Contact our office today to discuss your DWI charges.