A New York DUI /DWI offender may be required by the court to install an ignition interlock device in his or her vehicle. An experienced New York drunk driving lawyer can tell you whether an ignition interlock device may be ordered in your case. All criminal DWI convictions in New York now require a mandatory ignition interlock for a period of at least six months.

The ignition interlock device is basically a breath test machine attached to a car’s ignition system that does not allow the car to start until the driver takes a breath test. In most cases, if the driver has consumed any alcohol at all, the vehicle will not start.

To prevent another person from starting the car for the driver, each driver must be trained in the specific breath pattern for that device. After the vehicle has started, “rolling tests” approximately every 15 minutes check the driver’s BAC. In New York, it is a misdemeanor for a third party to blow into an ignition interlock device for the driver or to interfere or tamper with the device in any other way.

If you are required to install an ignition interlock device on your vehicle, you will be responsible for the installation fee and monthly monitoring charges associated with the operation of the device.
If you have been convicted of a DWI within five years of another DWI conviction, the sentencing court will require you to install a device in your vehicle. However, if you are convicted of the traffic infraction, Driving While Ability Impaired by Alcohol (DWAI), you will not be required to install the device, as probation is not an authorized sentence for a DWAI.

It is important to note, however, that the court will order you to install an ignition interlock device on your first DUI / DWI conviction—with no prior DWI convictions in your record. Depending on the case, a qualified New York DUI / DWI defense lawyer may be able to use the ignition interlock device as a negotiating tool to get you the best settlement and to help you to avoid jail time.