DWI & Aggravated DWI and the Ignition Interlock Device

As of August 15, 2010, an individual who is convicted of, or otherwise pleads guilty to DWI, VTL 1192(2), VTL 1192(3) or Aggravated Driving While Intoxicated, VTL 1192(2-a), will be required to install, in all vehicles that a motorist owns or operates,an Ignition Interlock Device, IID, for at least six ( 6 ) months following a conviction. The law is applied retroactively to any motorist charged after December 18, 2009, and convicted or pleading guilty after August 15, 2010. However, the tough new law does not apply to those convicted of Driving While Ability Impaired by Alcohol, DWAI, VTL 1192(1), which is a traffic infraction and not a crime.

The Ignition Interlock Device is usually installed in the glove box on the passenger side of the automobile, and is connected to the vehicles' ignition system. The expense of the IID is borne by the motorist and generally costs between $75.00 & $100.00; along with a monthly fee of approximately $100.00. The IID requires the driver to blow into the ignition interlock device to start the motor vehicle. If the driver has a BAC, blood alcohol concentration of 0.25% or more, the automobile will not start. The District Attorney's Office, county probation department and the sentencing court will all be notified if the motorist fails the test or if the motorist misses a re-test. Further, the device requires the motorist to submit to a rolling re-test every 15-30 minutes, and if this test is missed or failed, this will be reported as well.

If you are being charged with DWI, DUI or DWAI you should immediately contact DUI defense lawyer Michael J. Redenburg.