Ignition Interlock Devices

Under New York State law, no person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped. A person knowingly rents, leases, or lends a motor vehicle which is not equipped with an ignition interlock device when that person is aware that he or she is doing so. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant knowingly rented, leased, or lent a motor vehicle which was not equipped with an ignition interlock device to another person; and (2) the defendant knew that the other person’s driving privileges were restricted to a vehicle equipped with an ignition interlock device.

Circumvention of an Interlock Device 1198(9)(a)

Under New York State law, a person who is required by law to use an ignition interlock device to operate a motor vehicle shall not request, solicit, or allow any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the restricted person with an operable motor vehicle. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant’s driving privilege was restricted by law to operating a motor vehicle with an ignition interlock device; (2) that on the date alleged, the defendant requested, solicited, or allowed another person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device; and (3) that the defendant did so for the purpose of providing himself or herself with an operable motor vehicle.

To learn more about ignition interlock devices and how our DWI lawyers can help you, contact us at (646) 663-4430 and schedule a free consultation.

Circumvention of an Interlock Device 1198(9)(b)

Under New York State law, no person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by law to operating a motor vehicle with an ignition interlock device. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant blew into an ignition interlock device or started a motor vehicle equipped with the device; and (2) the defendant did so for the purpose of providing himself or herself with an operable motor vehicle.

Circumvention of an Interlock Device 1198(9)(c)

Under New York State law, no person shall tamper with or circumvent an otherwise operable ignition interlock device. If convicted, this crime will result in a Class A misdemeanor. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt that on the date alleged, the defendant tampered with or circumvented an otherwise operable ignition interlock device.

Circumvention of an Interlock Device 1198(9)(d)

Under New York State law, no person subject to a court ordered ignition interlock device shall operate a motor vehicle without such device. A person is subject to a court ordered ignition interlock device when he or she is required or otherwise ordered by a court as a condition of probation or conditional discharge to install and operate an ignition interlock device in any vehicle which he or she owns or operates. If convicted, this crime will result in a Class A misdemeanor.

A motor vehicle, as defined by this statute, means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.

To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant operated a motor vehicle without an ignition interlock device; and (2) that the defendant did so while he or she was subject to a court ordered ignition interlock device.

To speak with one of our knowledgeable DWI attorneys about your charges and ignition interlock device, call (646) 663-4430 or contact us online and schedule your free consultation.

New York DWIs Minimum Term for Ignition Interlock Devices

New Yorkers who are convicted in New York of misdemeanors and felony DWIs will typically be required to install ignition interlocks in their cars for a 12-month period. This requirement applies to several types of drunk driving convictions, including:

• First-time DWIs. A simple DWI with at least 0.08 BAC can result in IIDs being required, regardless of whether the case ends in a plea bargain, guilty plea, or conviction by a jury.

• Aggravated DWIs. These are cases where the driver had a 0.18 BAC or more, there were children in the car with the drunk driver, a DWI involved in a collision, and/or other aggravating factors.

Motorists that are required to have and maintain ignition interlock systems on their cars will also be given an “ignition interlock” designation on their driver’s licenses.

Leandra’s Law

Leandra’s law was adopted in November 2009. It is one of the New York statutes requiring IIDs for DWIs. Leandra, an eleven-year-old girl, was killed in a DWI crash when a friend’s mother was driving drunk. It led to many updates to New York Vehicle and Traffic Laws. The state now requires ignition interlock devices in all DWI cases.

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