Ignition Interlock Devices (IIDs) in New York

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.

Can individuals request a hardship or restricted license during IID installation in New York?

No, individuals in New York cannot request a hardship or restricted license during IID installation. Under New York’s Ignition Interlock Device (IID) program, individuals are required to install an IID in order to be eligible for a hardship or restricted license. An individual must either apply for and be approved for a hardship or restricted license before installation of an IID, or wait until the completion of the IID program before they can apply.

What happens if someone accumulates violations or fails to comply with IID requirements in New York?

If an individual accumulates violations or fails to comply with the IID requirements in New York, their driver’s license or privilege to drive may be suspended or revoked. Depending on the severity of the violations, the individual may also face fines and/or jail time.

Are there provisions for indigent individuals who cannot afford IID costs in New York?

Yes. The New York State Department of Motor Vehicles has established a program to provide financial assistance to persons who cannot afford the costs associated with ignition interlock devices (IID). This program is open to low-income individuals who are required to install an IID as part of their court-ordered sentence for a DWI/DWAI conviction. Those eligible for the program are provided with an IID at no cost. The program also provides limited financial assistance with IID installation, maintenance, and removal fees.

How do IIDs impact commercial driver’s licenses (CDLs) and CDL holders in New York?

In New York, the use of an ignition interlock device (IID) is required for all drivers convicted of a DWI offense, including commercial drivers with CDLs. The device must be installed in any car operated by the driver, and requires them to pass a breathalyzer test before starting the vehicle. The installation and maintenance of the device is the responsibility of the driver, and any violation of IID requirements can result in the suspension or revocation of their CDL. Additionally, the driver is responsible for any fees associated with the installation and maintenance of the IID.

Do IIDs differ in requirements for passenger vehicles versus motorcycles or other vehicles in New York?

Yes. In New York, all vehicles must display an IID, but the specific requirements for passenger vehicles, motorcycles, and other vehicles may differ. Motorcycles are required to have an ignition interlock device installed that is approved by the Department of Motor Vehicles. Other types of vehicles, such as those used for business purposes or by people with commercial driver’s licenses, may have additional requirements.

Are there resources or organizations that offer support and guidance for IID users in New York?

Yes, there are several organizations and resources available to support and guide IID users in New York. The New York State Department of Motor Vehicles provides information for those with an ignition interlock device. The New York State Interlock Program also offers a website with valuable information, support and resources for IID users. In addition, there are numerous organizations that provide guidance and support to individuals with IID’s such as the New York State Interlock Association, Mothers Against Drunk Driving (MADD), and the National Institute on Alcohol Abuse and Alcoholism (NIAAA).

Can individuals have the IID requirement removed or the duration shortened under certain circumstances in New York?

Yes, in some cases, individuals in New York can have the IID requirement removed or the duration shortened under certain circumstances. The court that issued the IID order may consider a request to remove or shorten the requirement if the individual has demonstrated responsible and safe driving behavior and has completed all other requirements, such as paying any fines or attending a driver safety course. Additionally, the individual must submit proof of their successful installation of an IID for the entire duration of the court-mandated period. The individual must also demonstrate substantial and verifiable hardship caused by having the IID requirement. If the court approves the request, they will create an order to remove or shorten the IID requirement.