Late last year, New York Governor David Paterson signed Leandra's Law, thereby increasing the penalties for drunk driving. The first part of the law took effect shortly thereafter; it is now a felony in New York to drive under the influence of alcohol or while impaired by drugs with a child age 15 or younger in the car.
The second part of the law became effective on August 15, 2010. Now, anyone who is convicted of DWI must install an ignition interlock device on any car that he or she owns or drives as part of his or her sentence. Each county is tasked with monitoring drivers who are required to use ignition interlock devices. Each county was required to create and file a County Ignition Interlock Program Plan, detailing who would be responsible for monitoring compliance and outlining the details of implementation within the county.
Nassau County's Ignition Interlock Program Plan
Specifically, Nassau County's Ignition Interlock Program Plan outlines five ways that a driver who has been convicted of DWI might fail to comply with the requirements of the law.
- If a driver convicted of DWI does not have the ignition interlock device installed on a vehicle he or she owns or operates, the driver is clearly in violation of the law.
- In addition to installing an ignition interlock device, a person convicted of DWI must have the device serviced regularly. If a driver doesn't comply with the service visit requirement, the driver may be deemed non-compliant.
- If there is any indication that a driver has attempted to tamper with or otherwise circumvent the ignition interlock device, the driver is in violation of the law. This includes situations where a driver has another person blow into the ignition interlock device.
- If an ignition interlock device enters lock-out mode, which happens when a driver fails a start-up re-test, misses a start-up re-test, or fails a rolling re-test, the driver is not in compliance with the requirements.
- If a drivers fails a test or re-test with a blood alcohol content level of .05 or higher, the driver is not in compliance with the requirements of the law.
If an individual is driving and fails to take or pass a test, the car's horns will begin to sound or the lights will begin flashing to alert police officers that the driver is not complying with the requirements. Should any of these situations arise, the appropriate court and district attorney must be notified within three business days.
Because all drivers convicted of DWI are required to install ignition interlock devices, it is particularly important that those accused of drunk driving aggressively defend against these charges. If you have been accused of DWI in Nassau County or elsewhere in New York, speak to a knowledgeable criminal defense lawyer.
