New York Crimes Involving the Ignition Interlock Device

Raiser and Kenniff NYC

If you’ve been convicted of DWI in New York, then chances are you had to have an ignition interlock device installed in your vehicle upon getting your license reinstated. An ignition interlock device is a device that you have to blow into to submit a breath sample before your car will successfully start. It also requires you to periodically submit breath samples as you’re driving down the road to make sure that you aren’t driving while consuming alcohol.

You usually have to have your ignition interlock device installed on your vehicle for a period of at least six months or a year, and for the duration of time that you have it on your vehicle, there are certain rules that you must follow. When you first get the device installed on your vehicle, your installer is supposed to go over the terms and conditions of the lease with you, and then you have to sign a form agreeing to those terms. If you break any of the terms of that lease, then you could be in violation of the law.

Ignition Interlock Device Crimes

Under New York law, it is illegal to attempt to tamper with or circumvent an ignition interlock device. Tampering or circumventing an ignition interlock device constitutes taking any sort of action to try to start your car without the ignition interlock device or by attempting to remove the device from your car. If you try to bypass having to use the ignition interlock device, then that also constitutes a crime.

You can also get in trouble for driving any vehicle that doesn’t have an ignition interlock device installed on it if you’re ordered to have an ignition interlock device on any vehicle that you drive. Your driver’s license will usually have a restriction code on it that notifies law enforcement officers that you are only supposed to be operating vehicles with ignition interlock devices installed, and you could be charged with a misdemeanor if you are found to be doing so.

Of course, getting someone else to blow into your ignition interlock device for you is also a crime. The only person who is supposed to blow into an ignition interlock device is the person who is going to be driving the vehicle for that time. Someone who isn’t required to have an ignition interlock on a car in order to drive it can still drive you car, but he or she will have to submit a negative breath sample of 0.00% before they can do so. On that note, even if someone else submits a positive breath sample, you could still be held accountable for that positive reading, and it could extend the amount of time that you have to have the ignition interlock device installed on your vehicle. Also, if someone else agrees to blow into your device for you, not only will you get in trouble for trying to trick the device, but your companion will be charged with a crime as well.

A New York Criminal Defense Lawyer Can Assist You

If you’ve got an ignition interlock device installed on your vehicle and have received a letter from the DMV or otherwise been charged with an ignition interlock device crime, you’ll want to seek out a criminal defense lawyer to represent you right away. Ignition interlock device crimes can extend the length of time that you have to have an ignition interlock device installed on your vehicle, and that can hold up your life. In some cases, you might truly be innocent of the crimes, and a criminal defense lawyer can assist you.

A criminal defense attorney can argue that the device was faulty or that it had not been properly calibrated. Depending upon what you’re accused of, there are a variety of types of defense strategies that your lawyer might employ to help you beat your ignition interlock device crime charge. While ignition interlock devices have been made more sophisticated over the years so that they are better at detecting attempts to tamper with them, they are still man-made and are subject to error as all man-made objects are.

Contact a criminal defense lawyer today to see how one can help you fight your ignition interlock device crime charge.

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