Drivers in New York who are charged with an impaired driving offense may face a variety of penalties depending on the circumstances of their case. These consequences may include paying fines and court fees, completing substance abuse programs and even spending time in jail. The loss of driving privileges may also come with a driving while intoxicated conviction. However, a driver may be able to drive if they agree to the required installation and use of an ignition interlock device.
In New York State, any misdemeanor or felony DWI may carry the mandate to use an IID for a given time. Most IID requirements last at least one full calendar year. A person must install an IID in any vehicle they use or own. The device works by requiring a breath test prior to starting the vehicle to ensure the driver does not have a blood alcohol content exceeding 0.025%.
What many people may not realize about ignition interlock devices is that a driver must also take breath tests during their active drive time. Car and Driver magazine explains that these tests are prompted at random intervals by the system and give a driver only a few minutes to complete them. Depending on where a driver is at the moment, they may not have the ability to pull over to take the test.
The need to take rolling retests while driving has been proven to cause accidents in some instances, just like any other act of distracted driving. The rolling retests cause manual, cognitive and visual distractions all at the same time.