The rules surrounding the ignition interlock device can be very complicated, and it helps to have an experienced Rochester DWI lawyer when trying to understand them.

New York State requires all drivers convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated to be sentenced to having an ignition interlock device installed on his or her vehicle for at least one year.

This device will shut the vehicle off if it detects alcohol on the driver’s breath.

The length of time that the ignition interlock device must be installed is one year, throughout the period a defendant sentenced to probation remains on probation, or throughout the length of any conditional discharge – whichever is longer.

The law does provide, however, that where a defendant subsequently submits proof that an ignition interlock device has been installed and maintained for at least six months, the requirement for the ignition interlock device may be terminated unless the court specified a longer period in its order.

As a result, under the right circumstances it may be possible to shorten the period during which the ignition interlock device is required.

Perhaps more importantly, defendants should be aware that the period during with the ignition interlock device is required begins either at the date it was installed or the date of sentencing, whichever is earlier.

As a result, a driver who anticipates pleading guilty to a charge requiring the ignition interlock device may consider having the device installed prior to sentencing to shorten the period it is required after sentencing.

While this does not actually shorten the total time the device is installed, it may allow defendants to put the arrest and conviction behind them more quickly.