In addition to completing jail time, paying fines, and performing community service, people with DWI convictions may also have to install an ignition interlock device in their vehicles. An IID is essentially a breathalyzer that prevents a vehicle from starting if the driver’s blood alcohol content is more than the pre-programmed level.
IID requirements vary from state to state. In New York, individuals with DWI convictions must install an IID in every vehicle that they operate. According to the New York State Department of Motor Vehicles, the NYS Legislatures implemented these requirements in 2009 by passing Leandra’s Law. Leandra’s Law contained several provisions that ultimately increased the penalties for drinking and driving, one of which required convicted individuals to install and maintain an IID.
If you are facing DWI charges and want to know what kind of penalties you might be facing, Darren DeUrso, Attorney at Law can help. Mr. DeUrso is a DWI lawyer with 25 years of experience, and he will structure a comprehensive defense based on the unique facts of your case.
Call 914-772-8614 to schedule a consultation with a White Plains criminal attorney. You can also visit USAttorneys.com to learn more about DWI law in the state of New York.
What Constitutes an Ignition Interlock Device Violation?
An IID violation occurs when a motorist has a BAC that registers higher than the preprogrammed limit. IID violations are quantifiable, and it is possible for an individual to commit several small violations or one large violation.
According to the NY DMV, the state considers motorists with a BAC of more than .05 to be impaired, so registering a BAC that is .06 would constitute a minor violation. Since the state considers a BAC of .08 to indicate intoxication, registering anything over it would constitute a major violation.
What Is the Most Common Cause of IID Violations?
In general, the body can metabolize one drink, or roughly .02 increments on the BAC scale, per hour; however, the precise rate at which your body eliminates alcohol from its system depends on a variety of factors including gender, weight, genetics, general health and metabolic rate. It is always better to overestimate how long your body will take to process alcohol.
IID violations commonly occur after an individual has had a few drinks in the evening and attempts to take the breath test before driving the following morning. Even if the motorist feels entirely sober, the body may not have flushed all the alcohol from its system yet, which could result in a reading that is over the legal limit.
If your ignition interlock device registers a violation, there are several possible eventualities. First, the courts will have to determine if the IID was calibrated correctly and functioning normally. If it appears that it was—and that it was actually your BAC that triggered the violation and not someone else’s—then you may face penalties.
Darren DeUrso, Attorney at Law understands what’s at stake when it comes to IID violations, and he will fight for your rights if a judge reopens the sentencing of your case following such a violation. To discuss your options with an experienced White Plains DWI lawyer, call 914-772-8614 today.