Interlock Device Related Offenses

If you remove your Ignition Interlock Device (IID) without authorization, you may face serious legal consequences. In most states, including New York, unauthorized removal of an IID is a violation of the terms of your probation or court order. Penalties can include:

Extension of IID Requirement: The duration for which you must have the IID installed may be extended.
License Suspension: Your driving privileges may be suspended or revoked.
Fines or Jail Time: You may face fines or even jail time for violating the terms of your sentence.
New Criminal Charges: Tampering with or removing an IID could result in additional criminal charges.
It’s important to follow all legal requirements related to the IID to avoid these consequences.

Using an Ignition Interlock Device (IID) is straightforward. Here are the general steps:

Turn On the Vehicle: Insert your key and turn the ignition without starting the car. The IID will power on and prompt you to take a breath test.

Blow into the Device: Blow into the device as instructed, typically with a long, steady breath. Some devices may require a hum or specific breathing pattern.

Wait for Results: The IID will analyze your breath for alcohol content. If your Blood Alcohol Concentration (BAC) is below the preset limit (usually 0.02%), the car will start.

Rolling Retests: While driving, the IID may require periodic tests (randomly). You must pull over and provide a breath sample. If you fail a rolling retest, the vehicle will not shut down, but it will log the event and may trigger an alert or alarm.

Service Requirements: IIDs must be regularly calibrated by an authorized service provider. Failure to maintain the device or report for service can result in penalties.

It’s important to follow the device’s instructions carefully and avoid consuming alcohol before driving to ensure compliance.

A false positive on an Ignition Interlock Device (IID) can be triggered by various substances and situations that mimic the presence of alcohol. Some common causes include:

Mouthwash or Breath Fresheners: Many contain alcohol, which can be detected by the IID if used shortly before a test.
Certain Foods: Fermented foods like bread, pastries, or pizza dough can create trace amounts of alcohol that may register on the device.
Medications: Some over-the-counter medications, such as cough syrups or liquid cold medicines, contain alcohol.
Personal Care Products: Hand sanitizers, perfumes, and some hygiene products with alcohol can lead to a false positive if recently used and inhaled.
Environmental Factors: Exposure to fumes from paint, gasoline, or cleaning agents can sometimes cause an inaccurate reading.
To avoid false positives, wait 10-15 minutes after using any alcohol-based products or consuming certain foods before taking the IID test. Drinking water or rinsing your mouth may help reduce the likelihood of false results.

An Ignition Interlock Device (IID) is typically required after a DWI or DUI conviction, particularly in cases involving:

High Blood Alcohol Concentration (BAC): Many states, including New York, mandate IID installation if the driver’s BAC was above a certain level, often 0.15% or higher.
Repeat Offenses: Multiple DWI/DUI convictions often result in mandatory IID installation as a condition for license reinstatement.
Aggravated DWI: Situations involving aggravating factors, such as driving with a child in the vehicle (under Leandra’s Law in New York), can trigger IID requirements.
Conditional Licenses: If the court grants you a restricted or conditional driver’s license after a DWI, you may be required to install an IID to regain limited driving privileges.
The duration of IID installation varies but is often required for at least 6 months to 2 years, depending on the severity of the offense and state laws.

The length of time you are required to have an Ignition Interlock Device (IID) depends on the laws in your state and the specifics of your DWI/DUI conviction. In New York, the general IID requirement is:

First DWI Conviction: Typically, you are required to have the IID installed for at least 12 months. However, the court may reduce this to 6 months if there are no violations and the person has completed all required programs.

Aggravated DWI or High BAC: If your offense involved a high BAC (typically 0.15% or above) or aggravating factors, you may be required to have the IID for longer.

Repeat Offenders: For individuals with multiple DWI convictions, the IID requirement can be extended to several years or even a lifetime for severe or habitual offenders.

The device must be installed and maintained according to court or DMV instructions, and failure to comply could extend the duration or result in additional penalties.