Dutchess County DWI Attorney - Interlock Facts

Dutchess County DWI Attorney - Interlock Facts

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.

The Interlock requires an initial breath to start the vehicle and breaths as required during the trip. Texting while driving may take away from the concentration of the driver at times. A failed test indicating alcohol is automatically transmitted to the monitoring agency. They, in turn, report a declaration of delinquency to the Court. The driver is then notified of a new court date to address the incident.

The Court can then schedule a hearing pursuant to Criminal Procedure Law section 410.70 to further determine whether the driver has violated a condition of his sentence. The scientific reliability of the ignition interlock is questionable.  There are no reported court decisions at this time as to the scientifical reliability of the interlock, yet breath screening devices are generally accepted by the Courts.

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.

See; People v. Bohler