Data Shows New York DWI Drivers are Circumventing IID Requirements

January 05, 2013

Under New York's 2009 "Leandra's Law," every person convicted of driving while intoxicated in New York, or DWI, is required to install an Ignition Interlocking Device (IID) on his or her car.

However, the data shows that only three of every 10 people (23,000 people statewide) ordered to install the device have actually done so. While many have chosen simply to forgo driving, several DWI offenders have scoffed at court orders and continue to get behind the wheel of a car.

What is an IID?

An IID is a device that attaches to a vehicle's ignition system and will not start the engine unless the driver provides a breath sample with an alcohol content of less than 0.025 percent. The device logs the number of attempted starts, as well as the driver's breath alcohol content (BAC) on each try. An IID will also require random retests while the driver is operating the vehicle and the same BAC requirements apply.

IIDs must be purchased from approved service providers and New York has three IID classifications for increasingly dangerous DWI drivers:
- Class I devices are for first-time offenders and the least dangerous drivers. Those devices perform as previously described.
- Class II devices use biometric recognition to ensure the driver does not have someone else blow into the device to start the engine. Some devices use cameras.
- Class III devices employ GPS monitoring and real-time data reports.

Reasons behind the failure to install

The installation cost and monthly fees for an IID run several hundreds of dollars. This creates an incentive for some people to work around the IID requirement by not driving their car for six months, the typical restriction period. Almost 70 percent of all sentenced DWI offenders ordered to use an IID have transferred vehicle ownership to a friend or family member or claim to no longer have a vehicle to drive. However, several studies have shown these people continue to drive.

Penalties for skirting the New York DWI law

Driving without a court-ordered interlock device is a misdemeanor offense that can result in up to a year in jail. That threat has failed to deter many. In August 2011, Nassau County authorities watched hundreds of convicted DWI drivers who assured judges they would not drive during their license suspension. They caught 22 people doing just the opposite, some even driving to meet their probation officers. The same surveillance in August 2012 caught another 25 people doing the same thing.

New York is continuing to crack down on drunk drivers. Gov. Andrew M. Cuomo recently ordered the Department of Motor Vehicles to get tougher on repetitive drunken drivers. State lawmakers are also considering legislation that would require those that do not install an IID to wear a "transdermal alcohol monitoring device" that would report if the person had been drinking alcohol.

Drunken driving is a serious concern in New York and nationwide. Each time an intoxicated person gets behind the wheel they endanger every other life on the road. While some people make that mistake once and mend their ways, others continue to drive drunk in complete disregard of court orders and everyone else around them. If you or a loved one has been injured or killed by a drunken driver, contact an experienced personal injury attorney to discuss your situation or your options.

Article provided by Rappaport Glass Greene & Levine LLP
Visit us at www.rapplaw.com