When a driver is convicted of a misdemeanor level drinking and driving offense in a Rochester area court – such as Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated per se – he or she will be required to have an ignition interlock device on any motor vehicle he or she wishes to operate while full driving privileges are revoked.

This device requires the driver to blow into it when starting the vehicle and periodically thereafter.

If alcohol is detected, either the vehicle will not start or it will sound the horn and flash the lights until the driver pulls over and shuts the vehicle off.

Any ignition interlock device used in New York State as a result of a drinking and driving conviction must be approved for use by the Department of Health.

To obtain approval, the manufacture must submit the device to New York State for testing.

If it passes the testing and other criteria, it will be certified for use in New York State.

If a manufacturer wishes to make a change to the operational functions of the machine, it is required to provide a description of the intended operational modification(s) to the Department of Health, which will then determine whether the existing certification for that model of ignition interlock device shall continue in effect or the manufacturer will be required to apply for separate certification of the modified device.

The Department of Health defines an operational modification as any change to the design or function that would or could affect the device’s anti-circumvention, anti-tampering or analytical features.

Obtaining separate certification would involve submitting the modified machine to the Department of Health for retesting.

If you have been arrested for DWI and have any questions regarding how best to protect your driving privileges, call us at 585-484-7432.