New York State has made an Ignition Interlock a requirement for anyone convicted of a Misdemeanor or Felony Driving While Intoxicated, Vehicle Traffic Law 1192(2),(3) or (4). Even on the first offense the Judge must order the Interlock. This device must be installed before or shortly after sentencing depending on the individual court and its rules. The Interlock usually must remain for a year and is monitored by the County’s DWI Program or the County’s Probation Department.
Vehicle Traffic Law section 1194(4)(c) sets forth the requirements for proper testing.These precautions are not usually known by the driver so there are errors and false positive readings. Mouthwash and other chemicals have been reported to have given failed test results. The devices will continue to plague those mandated to install and use them. Only time and new Court decisions will give further clarification.