What Do I Need to Know About New York State and the Toughest DWI Laws In the Country?
Effective August 15th 2010, all persons convicted of a felony or misdemeanor Driving While Intoxicated (DWI) must have an Ignition Interlock Device (IID) installed on any vehicles owned or operated by the defendant as a condition of the sentence.
Since the enactment of Leandra's Law, with a Zero-Tolerance Policy, and mandatory program of Ignition Interlock Devices for DWI convictions, New York State enforces some of the most severe drunk driving penalties. It is critical to hire an experienced and aggressive DWI defense attorney in Upstate New York to defend a drunk driving charge.
An Ignition Interlock Device measures the Blood Alcohol Equivalent (BAC) found in a sample of a persons breath. It is connected to the vehicle's ignition which prevents the vehicle from being started when the Blood Alcohol Equivalent exceeds the level calibrated into the device. In New York State the Blood Alcohol Equivalent calibration level is .025%. The driver must also provide additional breath samples at random intervals to keep the vehicle running.
The requirement to install the Ignition Interlock Device pertains to any misdemeanor or felony DWI conviction, or the conviction of any crime under the Penal Law which has an element of driving while intoxicated. This Ignition Interlock Device requirement does not apply to convictions for Driving While Ability Impaired by alcohol, drugs, or the combination of the two.