Under New York State law, no person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped. If a person knowingly rents, leases, or lends a motor vehicle that is not equipped with an ignition interlock device to a person who has been restricted, they can be charged with circumvention of an interlock device. If convicted, this crime will result in a Class A misdemeanor, which may also lead to license revocation in New York. A motor vehicle, as defined by this statute, means any vehicle operated or driven upon a public highway that is propelled by any power other than muscular power.
To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant knowingly rented, leased, or lent a motor vehicle that was not equipped with an ignition interlock device to another person; and (2) the defendant knew that the other person’s driving privileges were restricted to a vehicle equipped with an ignition interlock device.
To navigate the complexities of DWI laws in New York, and avoid severe consequences, it’s crucial to have a skilled Nassau County DWI lawyer on your side. At Lebedin Kofman LLP, our team of Nassau County DWI attorneys may be able to help you understand the prosecution’s burden of proof and the two key elements they must establish beyond a reasonable doubt. Call us at (516) 212-4209 today to schedule a consultation.
Circumvention of an Interlock Device 1198(9)(a)
Under New York State law, a person who is required by law to use an ignition interlock device to operate a motor vehicle shall not request, solicit, or allow any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the restricted person with an operable motor vehicle. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway that is propelled by any power other than muscular power.
To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant’s driving privilege was restricted by law to operating a motor vehicle with an ignition interlock device; (2) that on the date alleged, the defendant requested, solicited, or allowed another person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device; and (3) that the defendant did so for the purpose of providing himself or herself with an operable motor vehicle.
Circumvention of an Interlock Device 1198(9)(b)
Under New York State law, no person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by law to operating a motor vehicle with an ignition interlock device. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway that is propelled by any power other than muscular power.
To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant blew into an ignition interlock device or started a motor vehicle equipped with the device; and (2) the defendant did so for the purpose of providing himself or herself with an operable motor vehicle.
Circumvention of an Interlock Device 1198(9)(c)
Under New York State law, no person shall tamper with or circumvent an otherwise operable ignition interlock device. If convicted, this crime will result in a Class A misdemeanor. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt that on the date alleged, the defendant tampered with or circumvented an otherwise operable ignition interlock device.
Circumvention of an Interlock Device 1198(9)(d)
Under New York State law, no person subject to a court-ordered ignition interlock device shall operate a motor vehicle without such device. A person is subject to a court-ordered ignition interlock device when he or she is required or otherwise ordered by a court as a condition of probation or conditional discharge to install and operate an ignition interlock device in any vehicle that he or she owns or operates. If convicted, this crime will result in a Class A misdemeanor.
A motor vehicle, as defined by this statute, means every vehicle operated or driven upon a public highway that is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.
To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant operated a motor vehicle without an ignition interlock device; and (2) that the defendant did so while he or she was subject to a court-ordered ignition interlock device.
To speak with one of our knowledgeable DWI attorneys about your charges and ignition interlock device, call (516) 212-4209 or contact us online and schedule your free consultation.
| Circumvention Offense | New York State Law |
|---|---|
| 1198(9)(a) | Restricted person requests/solicits/start the interlock device |
| Operable motor vehicle provided to restricted person | |
| 1198(9)(b) | No person blows into interlock device or starts equipped vehicle |
| Operable motor vehicle provided to restricted person | |
| 1198(9)(c) | Tampering with or circumventing interlock device |
| 1198(9)(d) | Operating a vehicle without interlock device |
| Violating court-ordered requirement |
New York DWIs Minimum Term for Ignition Interlock Devices
New Yorkers who are convicted in New York of misdemeanors and felony DWIs will typically be required to install ignition interlocks in their cars for a 12-month period. This requirement applies to several types of drunk driving convictions, including:
- First-time DWIs. A simple DWI with at least 0.08 BAC can result in IIDs being required, regardless of whether the case ends in a plea bargain, guilty plea, or conviction by a jury.
- Aggravated DWIs. These are cases where the driver had a 0.18 BAC or more, there were children in the car with the drunk driver, a DWI involved in a collision, and/or other aggravating factors.
Motorists who are required to have and maintain ignition interlock systems on their cars will also be given an “ignition interlock” designation on their driver’s licenses.
What Is An Interlock Violation?
An interlock violation occurs when a driver fails to comply with the rules for using an Ignition Interlock Device (IID). In New York, individuals convicted of offenses such as DWI are required to use this device to prevent them from driving under the influence of alcohol. The IID requires a breath sample before the engine can start, and at random intervals while the vehicle is in operation.
Common ignition interlock violations include:
- Attempting to drive with alcohol detected in the breath sample
- Tampering with the ignition interlock device or trying to bypass it
- Failing to install the IID when required by a court order
- Allowing another person to blow into the device on behalf of the driver
- Missing scheduled IID maintenance or calibration appointments
- Refusing to provide a rolling retest while driving
Consequences for IID violations in New York can be severe, including fines, an extended period of IID use, or even jail time. The device records data like the time and result of the breath test, which is reported to the authorities. Repeated violations can lead to additional penalties, such as license revocation.
Understanding the IID and adhering to its requirements is crucial for both preventing penalties and promoting road safety. If you are unsure about New York’s IID laws, consulting a Nassau County lawyer from Lebedin Kofman LLP can provide clarity and help you adhere to all regulations.
How Many Interlock Violations Can You Have
When you have an Ignition Interlock Device (IID) installed in your vehicle as mandated by law following a DWI offense, it’s crucial to understand the rules surrounding interlock violations and their limits. Each state has specific regulations that dictate the number of acceptable violations and the corresponding penalties.
In New York, even a single IID violation can result in penalties like extended use of the device, fines, or license suspension. The number of violations you can have before facing serious consequences depends on the court’s discretion and the specifics of your case. Multiple violations may lead to harsher penalties, such as jail time.
Typically, after a first violation, the court may issue a warning or extend the IID usage period. However, with two or more violations—such as trying to start the vehicle with alcohol in your system or tampering with the device—the court can impose stricter consequences. These may include further driving restrictions or even revocation of your driver’s license.
If you do not pass an IID test, there are several common factors that may lead to errors in the results. These can include alcohol-based mouthwash, the fermentation of fruit products, yeast from bread or pizza dough, or residual alcohol from the previous night’s consumption. If you believe the test result was inaccurate and you have not violated any program rules, you are generally permitted to retake the test after waiting a few minutes.
Courts take interlock violations seriously, and accumulating them can lead to long-term consequences. It’s important to follow all rules related to the device to avoid these penalties. Understanding New York’s IID laws and ensuring your device functions properly will help you avoid any violations and maintain your driving privileges.
Leandra’s Law
Leandra’s law was adopted in November 2009. It is one of the New York statutes requiring IIDs for DWIs. Leandra, an eleven-year-old girl, was killed in a DWI crash when a friend’s mother was driving drunk. It led to many updates to New York Vehicle and Traffic Laws. The state now requires ignition interlock devices in all DWI cases.
To learn more about ignition interlock devices and how our DWI lawyers can help you, contact us at (516) 212-4209 and schedule a free consultation.
