New York rigorously addresses cases of drunk driving. This is because of the significant impairment of a motorist’s critical driving capabilities resulting from alcohol consumption. Consequently, the state imposes stringent penalties, such as hefty fines, driver’s license suspension, jail time, and installing an ignition interlock device (IID). If you have been charged with DUI in New York, it’s in your best interest to contact an experienced Garden City, NY, DWI/DUI Attorney who can help defend your rights. Please continue reading to learn when motorists must install an IID after a DUI conviction in New York.
What is an Ignition Interlock Device?
An ignition interlock device (IID) is a small, handheld breathalyzer device that connects to a motor vehicle ignition system and measures the alcohol content in the operator’s breath. Essentially, it’s installed to prevent users from being able to state their vehicle after drinking alcohol. Before starting the vehicle, the driver must blow into a mouthpiece on the device. The vehicle will not start until the motorist can provide an acceptable breath sample.
When Leandra’s Law was passed in 2009, it mandated that anyone convicted of DUI install an IID in any vehicle they own or operate. This law essentially renders a motorist’s first DUI offense an automatic felony if a child under 16 was inside the vehicle at the time of the offense. In addition, Leandra’s Law imposes stricter penalties, where offenders automatically have their driver’s license revoked, must install an IID in their vehicle, and can face up to four years of imprisonment.
Therefore, the device must remain installed for at least six months for first-time offenders. The duration increases significantly for those with subsequent offenses. It’s important to note that motorists who must install and maintain an IID device on their vehicle will have an “ignition interlock” designation added to their driver’s license.
What are the Consequences of Not Installing or Tampering with an IID?
If you have been ordered to install an IID after a DUI conviction, you will face driver’s license revocation for at least one year, potential contempt of court charges, and an extended IID requirement once your driver’s license is reinstated. It’s important to note that improper IID maintenance can lead to license suspension, a prolonged IID requirement, and increased insurance rates. If you attempt to tamper with the IID or someone tries to help you drive, you can face a Class A misdemeanor, which is punishable by up to one year in jail.
If you are facing criminal charges for a DUI in New York, please don’t hesitate to contact a determined attorney from KCS Law, who can fight to shield you from an uncertain future. Our legal team is prepared to help you protect your rights and driving privileges. Contact our firm today to discuss your case.
