What Is Circumvention Of An Interlock Device?

New York’s requirement that defendants convicted of DWI have an ignition interlock device installed on all vehicles they drive is one of the biggest changes Buffalo criminal lawyers have seen to DWI law in recent years.

The ignition interlock device is a machine installed in the car that checks for alcohol on the breath of the driver.

The driver must blow into it before starting the car and periodically thereafter.

If alcohol is detected, the car will not start or will shut off.

New York State requires all drivers convicted of Driving While Intoxicated, Aggravated Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater to have an ignition interlock device installed in any vehicle he or she will drive as a condition of any sentence of probation or conditional discharge imposed by the Court.

It is a crime for the convicted driver or anyone else to attempt to circumvent the ignition interlock device.

The law specifically prohibits a person who has lost driving privileges to ask or allow anyone else to blow into the interlock device for the purpose of providing the restricted driver with an operating vehicle.

It also prohibits physically tampering with or circumventing an operable ignition interlock device.

Perhaps most importantly for those convicted of DWI who must use such a device, it prohibits operating any motor vehicle that does not have the ignition interlock device installed.

In other words, borrowing someone’s car is subject to the same penalties as tampering with the device or getting someone else to blow into it.

If you have been arrested for DWI, we can help you understand the potential penalties and rules surrounding a conviction.

Please feel free to call us at (716) 542-5444 for legal help.

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