In Queens, if you are arrested and convicted for Driving While Intoxicated (DWI) the law requires that you install and maintain an ignition interlock device (IID) on your vehicle for at least 6 months. Even if this is your first DWI offense, you will be required to install the device on your vehicle and on any vehicle that you lease or rent. You will also be responsible for all service and maintenance, as well as the related costs.
Ignition Interlock Devices
An IID is connected to the ignition system of your vehicle. You must blow into the device before starting the vehicle so it can measure the alcohol level on your breath. If you test positive with a blood alcohol concentration (BAC) of more than .02, you will fail the test and your vehicle will not start. You will have to take a second BAC test within 3 to 15 minutes. If you fail a second test, or do not take the second breath test, your car will not start and the device will go into “lockout mode.” In that case, you will have to have the device serviced within 5 days or your vehicle will remain inoperable. The IID will also require breath samples for “rolling tests” while you are driving, in intervals of about 30 minutes or more.
Ignition Interlock Installation and Maintenance
You are given 10 days after sentencing to have the IID installed and three days to provide the proof of installation to your probation officer or the court. However, if you want to be able to drive immediately following your sentencing hearing, you should have the device installed prior to your court date. If you do not have the device installed within the allotted 10 days, or you fail to show proof of installation within three days, you could be sentenced again with more severe terms.
Installation and maintenance of the IID is not inexpensive. In fact, having to use an Ignition Interlock Device for the minimum of six months could cost between $500 and $800 or more and you will be responsible for paying for it, though financial assistance is available in some cases.
IID and Work Vehicles
If you must drive a vehicle as part of your employment, there are conditions that may allow you to do so without having an IID installed in the work vehicle. These conditions include only driving for your job and only if your employer knows you are required by law to drive with an IID. You will also have to provide the court and/or your probation officer with written proof stating that your employer knows you are required to use an IID and that you have permission to drive a work vehicle without an IID only for work purposes. You must also notify the probation office or the court of your intention to drive your employer’s vehicle without an IID.
Know that driving a vehicle without an IID is illegal and disabling the device, having someone else blow into the device, or blowing into a device for someone else is a Class A misdemeanor offense.
If you have been arrested in Queens for DWI, contact Kerben & Associates as soon as possible. We have more than 30 years of experience in DWI defense and ignition interlock devices. Call 718-575-8433 now to schedule a free case review.
