The Ignition Interlock Program: What You Need to Know
Leandra’s Law is a New York state law passed in 2009 in memory of an 11-year-old girl, Leandra Rosado. Leandra was killed after riding in a vehicle with the intoxicated mother of one of her friends. Following the tragedy, the state legislature amended New York’s Vehicle and Traffic Law to include penalties against drivers who operate a motor vehicle while intoxicated. The law stipulates the following:
- Individuals who were sentenced for driving while drunk on or after August 15, 2010, must have an ignition interlock device installed in a motor vehicle that they own or operate.
- These drivers must also have the “ignition interlock” restriction added to their driver’s license.
What Is an Ignition Interlock Device?
An ignition interlock device is a breathalyzer that is connected to your car’s ignition. This small device makes it so that drivers cannot start or operate their vehicles while they are intoxicated.
An ignition interlock system monitors and ensures your continued sobriety as you drive as well. Some systems have randomized testing that requires you to breathe into the monitor to ensure that you are not drinking even after you have started your vehicle.
An ignition interlock device is ordered by a court and must remain installed on the vehicle a driver owns or operates for at least six months. If a court orders the device for a violator, then the court or the probation department will guide the violator to different vendors to purchase a qualifying device.
Types of Ignition Interlock Devices
In order to have the ignition interlock device removed from your vehicle, you must receive approval from the courts first. When you receive this approval, you can then take the necessary documentation to the DMV to have the “ignition interlock” restriction removed from your driver’s license.
There are several types of ignition interlock devices on the market, but they all operate in the same manner. These devices consist of a handheld monitor, a mouthpiece into which users breathe, and a relay cord that connects the device to your vehicle.
There are different ways in which the device determines your intoxication levels as well. Common methods include a mouthpiece that requires you to do one of the following:
- Blow – Inhale – Blow: This test is the most accurate and requires users to blow, inhale, then blow again without removing the mouthpiece.
- Straight Blow: This requires a user to forcefully blow into the device; readings may not always be accurate.
- Blow and Hum: Users will blow and then hum into the mouthpiece.
Ignition Interlock Program
California was the first state to start a pilot program using ignition interlock devices in 1986. According to a report released by Mothers Against Drunk Driving, since 2006, these devices have stopped over 2.3 million people from driving while intoxicated.
The American Journal of Preventive Medicine published a study titled, “Ignition Interlock Laws: Effects on Fatal Motor Vehicle Crashes, 1982–2013.” The study details that ignition interlock systems have helped save lives as they contributed to reduced fatalities brought on by drunk driving.
Laws like Leandra’s Law which mandate the use of ignition interlock devices for drivers who have gotten behind the wheel while intoxicated have resulted in a 7% decrease in the number of fatalities due to drunk driving. In instances where the law mandates ignition interlock devices for first-time offenders who have a blood-alcohol level of .15 or higher, fatal drunk driving accidents have been reduced by 8%.
Removal of the Ignition Interlock Restriction
In order to have the ignition interlock device removed from your vehicle, you must receive approval from the courts first. When you receive this approval, you can then take the necessary documentation to the DMV to have the “ignition interlock” restriction removed from your driver’s license.
If you have been arrested for driving while intoxicated in the Hudson Valley and face penalties such as an ignition interlock device installed on your vehicle, contact the New York criminal defense attorneys at Dupée & Monroe to discuss your options for the most favorable outcome.
