If you operate a vehicle with a blood alcohol concentration of 0.08% or higher in New York, you will be charged with driving under the influence (DUI). A DUI conviction carries overwhelming penalties, including steep monetary fines, driver’s license suspension, installation of an ignition interlock device, and possible jail time. It’s important to understand that being convicted of a misdemeanor or felony DUI in New York requires the mandatory installation of an IID in your vehicle. This requirement is mandated as part of Leandra’s Law. Further, you should note that you will be responsible for all costs associated with maintaining the device and installation services. As such, it’s crucial to understand how long you may be required to have an IID installed in your vehicle. If you have been charged with DUI, it’s in your best interest to enlist the help of a seasoned Rockland County DUI Attorney who can develop a robust defense strategy on your behalf that will provide the best possible outcome for your case.
What is an Ignition Interlock Device?
An ignition interlock device (IID) is a small, handheld breathalyzer device that prevents drivers from starting their vehicle after consuming alcohol. After installation, an IID requires you to blow into a mouthpiece to provide a breath sample before the engine starts. The IID connects to a motor vehicle ignition system and measures the operator’s alcohol content. If the IID detects alcohol on your breath, the engine will not start. It’s important to note that as you drive, you must periodically provide breath samples to ensure you remain sober and that your driving capabilities are intact.
A blood alcohol concentration of 0.025% or higher constitutes a failed test. If an operator fails to provide more breath samples during random periods as they drive, the IID will record this and warn the driver. If they ignore the IID, the vehicle will start to honk, or an alarm will go off until the ignition is turned off or the operator provides a clean breath sample. Depending on the vendor that issues the IID, it may even have a built-in camera. Moreover, if you are ordered to install an IID, the restriction will be added to your driver’s license record even if the license is revoked. It will appear on the back of your driver’s license as an “interlock device.”
How Long Do I Need an IID in NY?
When Leandra’s Law was passed, the penalties for a DUI conviction were strengthened. As such, anyone convicted of a DUI must install an IID in any vehicle they own or operate. Even first-time DUI offenders must install IIDs in their cars and maintain them at their own expense. Generally, those charged with DUI must install an IID for six to twelve months. However, if you tamper or attempt to bypass an IID, your driver’s license will be revoked for a year, and you can face contempt of court charges and an extended IID requirement.
At The Law Office of Carl Spector, we are prepared to help build a solid defense strategy tailored to your case. Our dedicated legal team will help you navigate this complex process and understand your rights. Contact our firm today to schedule a consultation with our firm to learn more about how we can assist you.
