Sunday, July 20, 2014

Understanding New York Court Ordered DWI Ignition Interlock and Re-Licensure

Why is this man smiling?
Did he get his driver's license back? NO,
He GOT a license to legally sell POT!

Things used to be easy. Not so much anymore. Today is Sunday, July 20, 2014, and I am reviewing a June webinar put on by the New York State DMV, and the New York State Office of Probation and Correctional Alternatives (OPCA) to Judges and Court staff regarding DWIs and re-licensure.

DMV DWI "A4" License Restriction: NO driving without an IID

Effective November 1, 2013 all court-ordered ignition interlocks for DWI cases will now be classified as a license restriction A4 by the DMV. This is regardless of whether the case is resolved with a CD (conditional discharge) or Probation (two or three year term).

Getting Fully Re-licensed Requires Removing the A4 Restriction

This will require one of two things for removal. This is not removal of the IID from the car, this is about removal of the requirement from the physical driver's license and DMV record. You see, every license with this A4 requirement will be marked on the reverse with an A4 for law enforcement. A Court document indicating removal of the IID OR a probation release of license document.

NOTE: This document will need to be brought to the DMV to get FULLY re-licensed.

Court Ordered Interlocks by the Numbers

Court ordered for 12 months on every DWI
Minimum time period of 6 months of placement with NO violations noted
Some counties only note violations above .02 BAC
One time .05 BAC or more is an automatic violation
Court can be petitioned after 6 months for early release of IID
Monitored by the County of Arrest (CD) or County of Probation (Probation)
Violations can result in a VTL 1198 (9)(d), a misdemeanor
Called "Circumvention of the use of the interlock device" punishable by up to a year in jail and/or probation and/or fines and/or increased time with the IID installed
Violations can also result in Violation of your original CD
Violations can result in Re-sentencing on plead to offense (jail and/or probation)
Violations can also result in Violation of Probation (typically 6 months of jail)
Ignition Interlock will be displayed on YOUR DMV record (and back of your driver's license)
A4 will appear on front of your driver's license as R:A4 (restriction A4)

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

I am certified in Field Sobriety and Breath Alcohol Testing, and an active member of the National College of DUI Defense (NCDD). My online materials include over 500 blog posts, dozens of articles, and over 500 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.