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Will I Have to Use the Ignition Interlock Device if I Get a DWI in NY?

There are few charges that can affect an individual’s life more than those involving DWIs. If you are charged with a DWI, not only will you most likely have your license suspended and potentially be charged with a felony or misdemeanor and pay high fines, but you also may have to install the ignition interlock device in your vehicle. While the aforementioned penalties are sufficient, as you may even face jail time for a DWI, having an ignition interlock device installed in your vehicle can be humiliating and costly. Please continue reading and speak with our knowledgeable Rockland County criminal defense attorney to learn more about ignition interlock devices, what their function is, and how our firm can help you fight your DWI charges in an effort to ensure that you do not have to use such a device. Here are some of the questions you may have:

What is the purpose of an ignition interlock device?

Essentially, the primary objective of the ignition interlock device is to deter those who’ve been convicted of DWIs from driving under the influence ever again. You will install the ignition interlock device in your car at your own cost, and from there, every time you go to use your vehicle, you will have to provide a breath sample into the ignition interlock device with a BAC below .025% (the legal limit is .08%). If you blow over .025%, you cannot start your car. Additionally, the device will require you to provide breath samples at random until you reach your destination. If you fail to provide a sample at this time, an alarm will sound and demand that you pull over to provide a sample. In many cases, these devices are equipped with cameras, so you cannot simply ask a passenger to blow for you. If you are caught helping someone bypass the device, you may face a Class A misdemeanor penalty.

Will the courts require me to install an ignition interlock device if I get a DWI?

In most cases, even for a first offense DWI, you will have to install and use the device within 10 days of conviction. You must then notify the courts that you have installed the device within three days of doing so. If you have any additional questions or you’ve recently been charged with a DWI, give us a call today. We are here to fight your charges.


Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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