Under the new DWI law in New York State the penalties for a DWI conviction either a felony or misdemeanor have changed to include the mandatory ignition interlock device. Under Leandra's law any person sentenced for a DWI felony or misdemeanor on or after August 15, 2010 must have an ignition interlock device installed on any vehicle they own or operate and a ignition interlock restriction will be posted to the back of the New York State driver's license under the DWI law.
The New York State DWI Leandra's law includes the following:
1. Aggravated DWI with a child 15 years old or younger in the vehicle
2. Any conviction for Aggravated DWI with a child in the car or Aggravated DWI with a BAC reading of .18 percent or more the sentence must include the ignition interlock for at least six months.
3. Any DWI conviction with a BAC of .08 or more must include the ignition interlock as part of the sentence.
Basically, any convition in New York State of DWI with a BAC reading of .08 percent will require the ignition interlock device.
Ignition Interlock Device
An ignition interlock device is a computer installed in a vehicle to measure the BAC of a driver before the vehicle will start. It requires the operator to blow into the machine to determine a BAC level. If the BAC level of the operator is .25 or above the car will not start.
The device is sophisticated. It will register the time of the test, the BAC level, may require an additional test at random intervals and some systems have a camera attached to record who is blowing into the device. All of this information can be downloaded by the provider.
The costs for installing this device usually fall upon the convicted driver. It is approximately $100 dollars for installation and a monthly fee of $75.00 to $100.00 applies.
When reviewing a DWI case in New York State the New York DWI lawyer must be aware of the new Leandra's Law and the ignition interlock device. It is important to know all of the consequences of a DWI felony or misdemeanor conviction and how that conviction will affect ones ability to drive in New York or elsewhere.
As driving for work, medical appointments, school and leisure is very important a review of the law is necessary in any DWI defense.