If you are convicted or plead guilty to a felony or misdemeanor DWI after August 15, 2010, the court must mandate that you install, in any vehicle you own or operate, an ignition interlock device in those vehicles. An ignition interlock device, also known as an IID, is a device which prevents the car from starting unless the driver blows into the device with a blood alcohol concentration of less than 0.25%.
If you do not own or operate a vehicle, this the IID provision does not apply to you. If you own a vehicle, even if you will not be operating that vehicle or the vehicle is taken off the road, it must have the IID. You may, however, transfer ownership of that vehicle to another and avoid the IID requirement. However, you generally may not operate that vehicle, or any other vehicular, that is not equipped with the IID during the period the Court has ordered.
Rented, leased, loaned vehicles are not exceptions to the IID requirement. However, you may drive an employer’s non-IID vehicle under the following conditions:
- If the use is in the course and scope of your employment;
- If your employer has been notified that you have been ordered to use ignition interlock device equipment;
- If you provide the probation department and the court with proof indicating that your employer is aware of the IID requirement and has granted the you permission to operate the employer’s vehicle without an IID; and
- The court has approved the use of a vehicle without an IID.
Contact a Knowledgeable Rochester New York DWI Attorney
If you or a loved one has been accused of a Driving While Intoxicated (DWI) and are in need of a criminal defense lawyer in the Greater Rochester Area of New York, contact the Law Office of Emanuel N. Mouganis to protect your rights.