Tuesday, February 21, 2017

Ithaca DWI Lawyer: It's Been Years Since My DWI Why Do I Still Need an Ignition Interlock?

People that have been sentenced to a New York DWI under any VTL 1192 sub section except (DWAI drugs) will have a mandatory condition in place. This mandatory condition is called the A2 license restriction by the NYS DMV. It means you can only drive a vehicle with an installed ignition interlock device or IID. This condition is usually ordered for 12 months and you have the option to petition the court for removal after 6 months if you have no issues (failures) with the IID.

What if you don't have a car? What if your DWI happened when you were only visiting New York State? What if your NYS DWI was in a borrowed car? What if you don't plan to drive for a year or two? What then?

A-2 Driver's License Restrictions for New York DWI Never Just Go Away Based On Time

If you had a DWI in New York State since 2010 then you have had an A-2 restriction placed upon you. It remains in affect by the DMV until it is met. There always is a reason an A2 NYS license restriction (IID) is in place by the DMV. The usual reason it remains on a license record or history is because it was never met.

In many situations people believe that the IID restriction goes aways with time. It doesn't go away or pass because time has passed by since your DWI sentencing. As a mandatory DMV condition of sentencing on each and every DWI it remains until met by you. They don't care if you can't afford a car, don't own a car, and may or may not get one in the future.

It remains on your license history with the DMV until the condition is met. Namely that an IID is installed, maintained, and used properly for the time period given. Then an order for removal is made by the judge on the case, once proof is established.

People Could Be from Another Country, State, or Place Where IIDs Don't Exist and The New York IID Condition Remains

Years ago I had a client from France, got a NYS DWI, and then he needed an IID installed. Good luck finding a French company in Paris installing and maintaining IIDs. So now if he ever returns to the United States he will need to install an interlock on any car he borrows or buys or else he is driving illegally.

Just know that 20 years could pass by and you could move to Hawaii, and this license restriction will still remain with the NYS DMV until it is met. If you tried to get a driver's license in another state you can not because it is logged on the National Driver Registry as a restriction that has never been satisfied.