New York DUI law and ignition interlock devices

May 30, 2013

The National Transportation Safety Board, or NTSB, recently called for states throughout the country, including New York, to implement various changes to their driving under the influence (DUI) laws. One area the agency focused on was the use of ignition interlock devices.

Ignition interlock devices are tools used to prevent those under the influence of alcohol from operating their vehicles. The devices require a driver to provide a breath sample before the vehicle will start, which is then tested for alcohol. If the sample is over a certain provided limit, the vehicle will not start. How and when these tools are used is determined by state law.

Currently, New York state law requires installation of an ignition interlock device with a DUI misdemeanor or felony drunk driving conviction, even for first offenders. NTSB is not satisfied with this law, stating that approximately three in four required ignition interlock device installations are never completed. As a result, the device is only installed 24 percent of the time. NTSB is calling for additional intervention to increase compliance. These suggestions include:
- Threatening more restrictive penalties, like house arrest, to those who are unable to install the device
- Providing financial assistance to those who cannot afford the cost of the interlock device
- Increasing penalties associated with non-use of the device

The agency also recommends the use of anti-circumvention features like the "rolling retest." This feature requires the driver to repeatedly provide breath samples while driving, a tactic designed to deter drivers from using a friend to provide a sample to start the car.

Additional impacts of ignition interlock devices

In addition to providing a breath sample before being able to use his or her vehicle, the vehicle owner is also required to cover the cost of both installation and maintenance of these devices. Reports of the costs vary, with a monthly charge of $70 to $110 and installation charge of up to $100. Since New York law requires the device operate a minimum of six months the cost can quickly add up.

The ignition interlock device is just one penalty for drunk driving convictions in New York. Additional penalties include monetary fees, driver's licenses suspension and potential prison time. The only way to avoid these penalties is to build a strong defense and have the charges thrown out.

If you are charged with a drunk driving crime, contact an experienced drunk driving arrest lawyer to help better ensure your legal rights are protected.

Article provided by Katz Law Offices
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