Thursday, February 9, 2017

Ithaca DWI Lawyer: Who Decides When Your Ignition Interlock Goes On and Comes Off?

Since 2010 all New York State DWI convictions must have an IID (ignition interlock device) installed for 12 months. This if for any breath test or blood test over the legal limit DWI or aggravated DWI. But if the device is on with no issues you can petition the court to have it removed early (after 6 months).

So how does it (the ignition interlock) go on and how does it come off? Who controls the process of ignition interlocks in NYS?

Interlock Devices in New York Get Installed or DeInstalled by a Judge's Order

You can't even get one put on your car in NYS without a judge's order. This Court order has your name, car make, model, year, tag (plate), VIN and insurance company information. Usually this court order is prepared and signed by the judge at sentencing unless special arrangements have been made for an early install of the device. This may help people who are doctors who need to ensure absolutely no breaks in licensure or driving from the start to the finish of their case.

Can I Get an Early IID Installed? And Why Would I?

A judge can sign an order for an early install of the ignition interlock. This helps because at sentencing in New York you can get a full 20 day license privilege BUT it can only be used with an IID on your car. So there could be a potential span of days with a license privilege but NO IID, so NO driving at all. Having it placed while you still have conditional privileges pre-sentencing can make for a more smooth transition. The only time that I have requested this is with working professionals due to the nature of their employment.

New York Judges Must Sign a Deinstall Order to Get a Ignition Interlock Removed

The judge must also sign off on a de-install order at the end of each DWI case to have the device then removed by the vendor. The monitor for the county will input the de-install to the computer and send the DMV the necessary paperwork to have your IID restriction removed from the DMV record. This A-2 restriction is on the face of your conditional drive's license as well.

You should go get a new license without the A-2 IID restriction on it. Because if you get pulled over the police officer may think you are in violation even if the computer shows otherwise.