Any Rochester driver convicted of either Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated will be required to have an ignition interlock device installed on any vehicle he or she owns or operates.

The ignition interlock device checks the driver’s breath for any alcohol and shuts the vehicle off if alcohol is detected.

The only exception in New York State law to the requirement that any vehicle operated by someone convicted of DWI have an ignition interlock device involves employees operating a vehicle for work.

Under certain circumstances, someone convicted of drinking and driving may operate a vehicle owned by his or her employer without an ignition interlock device for the purpose of performing work related duties.

To do so, however, the employer must have been notified that the employee has had his or her driving privileges restricted and an ignition interlock device would normally be required.

If the employer agrees to allow a defendant to continue driving a company vehicle without an ignition interlock device, the employee must present to the court and the probation department proof that the employer has been made aware of this restriction and consented to the operation of the employer’s vehicle without an ignition interlock device.

If the employer does consent to operation of the employer’s vehicle without an ignition interlock device, that vehicle may only be operated “in the course and scope” of the defendant’s employment.

Use of the vehicle for any other purpose – such as using a company vehicle to run personal errands –would be a violation of the sentence imposed by the court.

It is important to protect your driving privileges if you have been charged with a drinking and driving offense.

We are experienced DWI lawyers who understand how a conviction may impact your driver’s license. Call us at 585-484-7432.