Circumvention of Interlock
Overview
Charged with Circumvention of Interlock?
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Defending Circumvention of Interlock Charges in New York State
Strategies and Considerations
In New York State, Circumvention of Interlock charges are governed by Vehicle and Traffic Law (VTL) Section 1198(9). This section makes it a Class A misdemeanor to
- Request, solicit, or allow any other person to blow into an ignition interlock device or start a vehicle equipped with the device, in order to allow the restricted person to drive the vehicle.
- Blow into an ignition interlock device or start a car with such a device, so that a restricted person can drive the vehicle.
- Tamper with or otherwise circumvent an ignition interlock device.
- Operate a motor vehicle without an ignition interlock device, if required by court order.
To convict someone of Circumvention of Interlock charges, the prosecution must prove beyond a reasonable doubt that the defendant
- Was required by law to have an ignition interlock device installed in their vehicle.
- Knew that the ignition interlock device was required.
- Intentionally circumvented the ignition interlock device.
Penalties for a Circumvention of Interlock Charge in New York State
The penalties for Circumvention of Interlock charges in New York State vary depending on the circumstances of the case. However, a conviction for Circumvention of Interlock is always a Class A misdemeanor. This means that the maximum penalties are:
- A fine of up to $1,000
- Imprisonment for up to one year
- Revocation of your driver’s license
In addition to these penalties, a conviction for Circumvention of Interlock may also result in the following:
- Increased insurance rates
- Difficulty finding employment
- Negative impact on your reputation
Navigating Legal Options
1
Negotiating Reductions
2
Challenging Evidence in Court
3
Protecting Driving Privileges
Conclusion
Contents
Frequently Asked Questions
Circumvention of Interlock is the act of intentionally bypassing or disabling an ignition interlock device. Ignition interlock devices are devices that prevent a vehicle from starting unless the driver provides a breath sample that is below a certain blood alcohol content (BAC). Ignition interlock devices are often required for people who have been convicted of driving under the influence of alcohol or drugs (DUI).
Circumvention of Interlock is a Class A misdemeanor in New York State. The maximum penalties for a Class A misdemeanor are a fine of up to $1,000 and/or imprisonment for up to one year. In addition to these penalties, a conviction for Circumvention of Interlock may also result in the revocation of your driver’s license.
There are many different ways that someone can circumvent an ignition interlock device. Some common methods include:
- Asking or paying another person to blow into the device for you.
- Using a fake breath sample tube.
- Disabling the device altogether.
- Driving a vehicle that does not have an ignition interlock device installed.
Ignition interlock devices are equipped with a variety of sensors and alarms that can detect if someone has tried to circumvent the device. For example, the device may have a sensor that can detect if the driver has used a fake breath sample tube. The device may also have an alarm that will go off if the driver tries to start the vehicle without blowing into the device.
If you are arrested for Circumvention of Interlock, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy.
Some of the defenses that can be used in a Circumvention of Interlock case include:
- You did not intentionally circumvent the device.
- You were not aware that you were required to have an ignition interlock device installed in your vehicle.
- The ignition interlock device was not working properly.
- You had a legitimate reason to circumvent the device, such as an emergency.
A conviction for Circumvention of Interlock can have a number of negative consequences, including:
- A fine of up to $1,000
- Imprisonment for up to one year
- Revocation of your driver’s license
- Increased insurance rates
- Difficulty finding employment
- Negative impact on your reputation
Yes, you may be able to get your driver’s license back after being convicted of Circumvention of Interlock. However, you will need to complete a period of suspension or revocation first. The length of the suspension or revocation will depend on the severity of your offense and your driving record.
The best way to avoid being charged with Circumvention of Interlock is to follow the terms of your ignition interlock device requirement. This means blowing into the device before starting your vehicle and not driving your vehicle if you have been drinking alcohol.
If you have questions about your ignition interlock device or the terms of your ignition interlock device requirement, you should contact the company that installed your device or the court that ordered you to have the device installed.
If you have any other questions, please contact us at info@dwiteam.com
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