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, what is known as 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 and has 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).

In the event that you fail the start up-test, you are required to re-take the test within 1-3 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 monitors the IID program. Additionally, while driving, you must take a "rolling test" in regular intervals, (approximately every 15-30 minutes) and if you fail this rolling test, you must blow for the re-test within 1-3 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.

The IID must remain in the vehicle for at least 6 months. There is an installation fee, as well as a monthly maintenance fee, which you must pay, unless you can show the Court that you 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.

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 very legal measure possible to avoid a DWI charge which would require an IID installation. However, if your charges do result in the installation of an IID, we have the necessary expertise to advise and guide you through this process.