If you were required to install an ignition interlock device (IID) in your vehicle in connection with a DWI, it’s crucial to comply with the court order. Violating an IID mandate is a serious matter that can be charged as a misdemeanor offense, resulting in jail time and a criminal record. Importantly, it is not only against the law to drive without an IID if you were ordered by a judge to do so — but attempting to bypass or circumvent the device is also illegal in New York.
What is an Ignition Interlock Device?
Under New York law, an individual sentenced for a DWI or DWAI-drugs as a felony or misdemeanor must install and maintain an interlock ignition device in any vehicle they operate or own. This mechanism connects to the ignition system of the motor vehicle and measures the breath of the person who blows into it. It prevents the engine from starting if the driver’s BAC is .025% or higher. The device may also require the driver to provide a breath sample at times while the engine is running. Failure to do so is recorded by the IID, and an alarm will sound until the ignition is turned off or the driver exhales into the device.
An individual has 10 days to install the interlock ignition device from the date they were sentenced or released from jail. A monitor from the probation department, DA’s office, or county STOP DWI program is assigned to each case to ensure compliance. Proof must also be provided to the court within three days of the installation.
Typically, an IID must remain installed for a period of at least six months — or longer in cases involving subsequent DWI convictions. The restriction is also added to the individual’s driving record and is indicated on the back of their license.
Is it a Crime to Tamper with an Ignition Interlock Device?
In the event you were ordered by a judge to install an IID following a DWI, you could face serious consequences if you fail to follow the court’s requirements. Not only is circumventing an IID against the law, but assisting someone with driving without an IID is also illegal. Specifically, there are several crimes that are codified under the New York Vehicle and Traffic Law that involve tampering with an ignition interlock device, including the following:
- VTL § 1198(9)(a) — No person with an IID restriction is permitted to request, solicit, or allow another person to blow into the device or start the vehicle for them.
- VTL § 1198(9)b) — A person who assists an individual with an IID restriction by blowing into the device or starting the vehicle for them is in violation of the law.
- VTL § 1198(9)(c) — It is illegal to tamper with an IID in any way in an attempt to circumvent the device.
- VTL § 1198(9)(d) — It is against the law for a person to operate a vehicle without an IID if subject to a court order.
A person convicted of any of the above offenses would be found guilty of a Class A misdemeanor, punishable by a jail sentence up to one year. Depending on the circumstances, other potential penalties can include monetary fines, license suspension or revocation, extension of the IID requirement, and contempt of court charges.
Contact an Experienced New York Criminal Defense Attorney
If you are facing charges for violating an IID mandate, the penalties can be severe — and it’s critical to have an experienced DWI attorney by your side who can fight to obtain the best possible outcome in your case. D’Emilia Law offers diligent representation and aggressive advocacy for a broad scope of criminal offenses, including DWIs, and strives to secure the best possible results for each client. To schedule a consultation, contact us at 1-888-DEMILIA.
