What is the purpose of Ignition Interlock Devices (IIDs), and how do they work in New York?Ignition Interlock Devices (IIDs) are designed to prevent a driver under the influence from operating a motor vehicle. The device is installed into the vehicle’s ignition system and requires the driver to pass a breathalyzer test in order to start the car. In New York, an IID must be installed on the vehicle of any driver who has been convicted of driving while intoxicated or found to have a blood alcohol concentration (BAC) of 0.08 or greater. The device records and stores data regarding each attempt to start the car and allows authorities to monitor compliance.
Are IIDs mandatory for DUI or DWI offenders in New York?Yes. Under New York state law, anyone convicted of a DWI or DUI offense is required to install an ignition interlock device in their vehicle.
Is there a minimum BAC level or specific circumstances that trigger IID installation in New York?Yes. In New York, a person’s driver’s license is suspended for at least one year if they are convicted of driving with a BAC of .08 or above. To reinstate their license, they must install an Ignition Interlock Device and comply with the terms and conditions of its use for at least one year.
Are there different rules for first-time DUI offenders compared to repeat offenders in New York?Yes, there are different rules for first-time DUI offenders and repeat offenders in New York. A first-time DUI offender in New York may face fines, license suspension, community service, and/or a jail sentence not to exceed one year in some cases. A repeat offender may face enhanced penalties such as an increased fine, a longer license suspension, a longer jail sentence, and/or an ignition interlock device on their vehicle.
How long is an IID typically required to be installed in a vehicle in New York?In New York, an IID is typically required to be installed in a vehicle for at least six months as part of a drunk driving conviction.
Are there fees associated with the installation, maintenance, and removal of IIDs in New York?Yes, there are fees associated with the installation, maintenance, and removal of IIDs in New York. These fees vary based on the type of device being installed and the specific vendor providing the service. Generally, fees for installation range from $50 – $100, while fees for removal can range from $25 – $50. Maintenance fees may also apply, and can be up to $50 per month.
Do IIDs have any impact on insurance premiums for the vehicle owner in New York?Yes, Insurance companies in New York take into account the vehicle’s IID status when calculating insurance premiums. In some cases, an IID can result in a lower premium, as it may indicate that the vehicle is subject to fewer risks. Other factors also play a role in determining premiums, such as the type of vehicle, driving record, and other aspects of the driver’s history.
What happens if a driver fails an IID breath test while attempting to start the vehicle in New York?If a driver fails an IID breath test while attempting to start a vehicle in New York, the vehicle will not start and the driver will be subject to penalties. Depending on the severity of the situation, these penalties can include fines, license suspension or revocation, and possibly jail time.
Is there a requirement for periodic rolling retests while driving with an IID in New York?Yes. IID-equipped vehicles must be retested at least every 60 days. All retests must be conducted at an authorized service center and the driver of the vehicle must be present.
Can someone other than the offender drive the vehicle with an IID installed in New York?Yes, other people can drive a vehicle with an IID installed in New York. It is important to note that only the offender is required to use the device, and it is their responsibility to make sure that the device is reset and working properly before allowing anyone else to drive the vehicle.
Are there penalties for attempting to tamper with or circumvent the IID in New York?Yes, tampering with or circumventing an IID in New York is a Class A misdemeanor and carries up to a year in jail and/or a fine of up to $1,000.
How does our state monitor and enforce compliance with IID requirements in New York?In New York, the Department of Motor Vehicles (DMV) is the state agency responsible for monitoring and enforcing compliance with Ignition Interlock Device (IID) requirements. The DMV requires all drivers convicted of Driving While Intoxicated (DWI) to install an IID in their vehicle. The DMV monitors each driver’s compliance with the IID program through monthly remote reports and periodic roadside inspections. If a driver does not follow IID instructions or fails to complete the program, their license may be suspended or revoked.
Is there a process for appealing or contesting the IID requirement in New York?In the state of New York, individuals can file an appeal of the ignition interlock device (IID) requirements. The appeal must be made in writing to the DMV Commissioner and sent to:
Office of Administrative Hearings
NYS Department of Motor Vehicles
6 Empire State Plaza, Room 224
Albany, NY 12228
The individual must explain why they believe the IID requirement should be rescinded. The DMV will review the appeal and make a decision within 90 days.