Former Queens County Prosecutor | More Than 20 Years of Experience
As of August 15, 2010, any one convicted of a misdemeanor or felony DWI is required to install an ignition interlock device in all cars owned or operated by the offender for the period of the conditional discharge, probation or parole, in no event less than 6 months.
Within 10 days of a conviction requiring the installation of an ignition interlock device, an offender must install the unit(s) into all owned or operated vehicles. The approximate cost for installation, rental and maintenance for a 6 month term of the ignition interlock device is $ 1,000.
The ignition interlock device requires the operator of the vehicle to blow into the machine before the vehicle will start and also requires blowing into the machine at periodic intervals while driving. A failure while driving will not cause an immediate shutdown of the vehicle but it will be recorded and lead to a subsequent lockout.
If a convicted offender operates a motor vehicle without a court ordered ignition interlock device, the offender is subject to being charged with a misdemeanor crime, as well as being subject to potential jail time for violating the terms of his/her original sentence. Additionally, an offender will be subject to additional charges and punishment, if he allows any other person to blow in the machine for the purpose of providing the offender with an operable vehicle. The other person that blows into the machine is also subject to being charged with a crime.
Furthermore, any person that tampers with or circumvents an otherwise operable ignition device is subject to being charged with a crime, as well as any person that knowingly lends a motor vehicle to a person known to have his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped.