New York New York’s all -offender ignition interlock law went into effect August 15, 2010. From 2006 to 2020 in New York, interlocks stopped 111,043 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 8,157 attempts to drive drunk in 2020. Why does MADD call the law all-offender? Judges must order the use of interlocks for first-time offenders. Process to obtain an ignition interlock 1. Serve any jail or suspension time and pay all applicable court fines/fees. 2. Collect necessary paperwork: a. Condition of Discharge, Probation order or Problem Driver form (DMV conditioned clients) b. Drivers license c. Valid Insurance information (SR-22 Insurance NOT required in NY). Your insurance agent or company can provide this paperwork. d. Registration (In client’s name or signed letter from owner of vehicl e). e. Monitoring Authority’s contact information 3. Schedule an appointment to have an interlock device installed. 4. Schedule Victim Impact Panel. Ignition Interlock Law Overview and MADD Legislative Recommendations Grade: D+ (69/100) New York’s all -offender interlock law contains too many loopholes which all drunk drivers to avoid the device. Lawmakers should take action to improve the interlock law to help stop drunk driving.
Duration on ignition interlock
Legislative Recommendation
How soon can an ignition interlock be installed?
Upon arrest Upon arrest
1 year 1 year
First offense
Second offense
Allow for interlock use for refusals.
Interlocks not available for first-time refusals
First refusal
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes Probation officers and monitoring authorities have the capability of taking the offender back to court and requesting an extension based on their behavior while on an interlock. Legislative Recommendation Add a compliance based removal component to the law through the Department of Motor Vehicles (a user must prove a certain period of sober driving before exiting the interlock program). Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Any person who claims financial inability to pay for the device shall submit in advance of sentencing three copies of his or her financial disclosure report, to the sentencing court which shall distribute copies to the district attorney and defense counsel. Interlock companies shall take into consideration and plan a 10% waiver of the fees by sentencing courts due to operator unaffordability. Sources: V and T Law §1193(b), VT §1193(1-a)(c), New York DMV, New York Courts.
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