Who installs and Maintains the Ignition Interlock Device?
New York State requires the installation of an Ignition Interlock Device in vehicles owned and/or operated by a person convicted of DWI. An experienced DWI attorney should be contacted immediately when a person is arrested for DWI.
Installation and maintenance of the Ignition Interlock Device can be a condition of probation (five years for a felony or three years for a misdemeanor) or a conditional discharge (one year). The minimum requirement must be for a period of at least six months.
The cost of installation and maintenance of the Ignition Interlock Device will be the responsibility of the defendant, unless the Court determines the defendant is “financially unable” to install the Ignition Interlock Device. This is a different standard than the indigence standard for assigned counsel.
The required form to be completed by the defendant is a five page New York State Financial Disclosure Report which must be returned to the court for review. The court, upon reviewing the financial application, can determine that the defendant is “financially unable” to pay for the installation and maintenance of the Ignition Interlock Device. If this is the case, the regulations require that the company supplying the Device will assume the cost of installation and maintenance of the Ignition Interlock Device. An unofficial survey of judges in the Capital District of New York State discloses that judges are reluctant to make this determination of financial inability.