HOLIDAY SEASON WARNING:
It is important to remember during the upcoming holiday season, that before we drive home from holiday parties and celebrations, that a DWI (Driving While Intoxicated) conviction is more devastating than ever before. The consequences are just not worth the mistake!
There is newly enacted Legislation in New York that now requires ANY person convicted of Driving While Intoxicated to install and maintain an ignition interlock device in any vehicle they own or operate. A breath sample is required through the device in order to start and operate the vehicle. Of course, my suggestion to all is think ahead, arrange for either a designated driver, an alternative ride home such as a taxi, or avoid drinking and driving all together. Don’t let your family’s holiday season be ruined by an arrest, suffering through the Court system with its extensive sentencing options, and risking either the loss of your vehicle, or being required to blow into a device every time you start and operate your car. This is not to forget the obvious potential of causing serious injury or death to yourself or another person.
Pursuant to Vehicle & Traffic Law §§1192.2, 1192-a, 1192.3, introduced as the second component of Leandra’s Law (enacted in response to the October 2009 death of 11-year-old Leandra Rosado), effective August 15, 2010, any person sentenced upon a conviction of Driving While Intoxicated, committed on or after December 18, 2009, must install and maintain, at his or her own cost, the ignition interlock device. The device will be required for a minimum of six (6) months.
The ignition interlock device requires a driver to provide a breath sample by blowing into the device attached to his or her car, and prevents the car from starting if the operators breath sample indicates a blood alcohol level of .025% or higher1. Additionally, drivers will be required to blow into the device at regular intervals while driving. If the device registers .025% or higher while the vehicle is being operated, the lights in the car will begin to flash and a harsh sound will be emitted, rendering the car incapable of being driven1
Suffolk County has also passed a Bill which will require that any interlock device also have real-time Internet monitoring and GPS tracking technology. The enhanced technology will also include the ability to photograph and transmit the driver’s picture, have two-way audio technology, and have automatic 911 emergency response capability2.
Nassau County already utilizes the GPS monitoring technology for persons convicted of DWI who are sentenced to a term of Probation. The Nassau County Probation Department also monitors defendants sentenced to a conditional discharge, although the GPS technology has not yet been required. The Probation Department determines which device (class/features) will be required for each probationer. Defendants have ten (10) days to comply with the Court’s sentencing Order to install the device.
Trying to outsmart the system won’t work and a price will be paid if someone tries.
To oversee compliance with the installation, use and maintenance of the interlock device, it is now a class “A” misdemeanor to:
1) ask someone to blow into your interlock device;
2) blowing into someone else’s interlock device;
3) circumventing an interlock device; or
4) driving any vehicle without an interlock, despite such requirement
Seven manufacturers have been approved to provide the devices to defendants and they have contracted with installers at various locations around the state. The cost for the ignition device and monthly charges vary. Financial assistance can be obtained upon proof of indigency.
My Advice? Keep your holiday season free of law enforcement and legal complications. Before you go to that holiday party or family event, think about how you will get home. Don’t make a horrible decision that will lead to a police escort, or worse. Be safe!
Footnotes
1..New York State Bar Association Journal(Nov./Dec.2010),New Criminal Justice Legislation(p.31)
2..Newsday: December 7,2010
For additional information about New York criminal law, or to discuss your criminal charges with experienced Woodbury, New York, criminal defense lawyer and former Nassau County prosecuting attorney David Haber, please schedule a free confidential consultation by calling us at 516-367-2264. Or if you prefer, you can contact us online.
