A Buffalo DWI defendant who is required to use an ignition interlock device and attempts to damage it or avoid its use is subject to serious criminal penalties.
Circumvention of an Interlock Device is a Class A Misdemeanor, which is a crime in New York State.
A person convicted of this offense may be sentenced to a term of imprisonment of up to one year.
As an alternative to incarceration, the court may place the defendant under the supervision of the probation department for up to three years.
This may extend the period of probation already imposed for the DWI conviction.
If the court chooses to impose a jail term of 60 days or less, it has the option of placing the defendant on probation after he or she completes the jail sentence.
The court also may impose a fine of up to $1,000 in addition to, or in place of, a sentence of jail or probation.
There will also be a mandatory surcharge of $175 and a crime victim assistance fee of $25.
In addition to the penalties for the charge itself, the defendant is likely to be found in violation of the original sentence of probation or conditional discharge imposed by the court for the offense that led to the installation of the ignition interlock device.
A defendant found in violation of probation or a conditional discharge may be resentenced by the court and face additional penalties related to the original conviction.
Circumventing the ignition interlock device is also likely result in the defendant’s conditional driver’s license being revoked.
If you have been arrested for an alcohol-related driving offense and need legal help, we are experienced DWI attorneys. Call us at (716) 542-5444.