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New York (NY) - State Requirements for Ignition Interlock Devices

The New York Ignition Interlock Program

New York DWI laws are strict, and there are levels of alcohol-related offenses in New York state. A driver can be charged with driving while intoxicated, or DWI if their blood alcohol content (BAC) is equal to or more than .08 percent. If their BAC is more than .18 percent, they’ll be charged with aggravated DWI.

Those with a BAC under .08 may not get away without penalty either. Anyone with a BAC between .05 and .07 risks being charged with driving while ability impaired by alcohol (DWAI). When Leandra’s Law was passed in 2009, it mandated that anyone convicted of driving while intoxicated must install an ignition interlock device (IID) in any car they operate as well. CDL license holders are not eligible to receive a conditional CDL license, as only regular licenses are approved. Anyone who wishes to get a conditional license is required to get an ignition interlock New York approves as well.

 

What Happens if I Get a DWI in New York?

New York DWI laws have tiered penalties for DWI offenders in New York, depending on their level of impairment and prior offenses. Ignition interlock device laws in New York state that an interlock device New York approves must be installed by anyone wanting to apply for a conditional license.

First DWI Offense

  • Up to one year in jail
  • $500 to $1,000 fine
  • License revoked for minimum of six months
  • Interlock device New York approves must be installed

First Aggravated DWI Offense

  • Up to one year in jail
  • $1,000-$2,500 in fines
  • License revoked for minimum of one year

Second DWI Offense (In 10 Years)

  • Up to four years in jail
  • $1,000 to $5,000 in fines
  • License revoked for one year
  • Ignition interlock New York approves must be installed

Second Aggravated DWI Offense (In 10 Years)

  • Up to four years in jail
  • $1,000-$5,000 in fines
  • License revoked for at least 18 months

Third DWI Offense

  • Up to seven years in jail
  • $2,000 to $10,000 in fines
  • License revoked for one year
  • Interlock device New York approves must be installed

Third Aggravated DWI Offense

  • Up to seven years in jail
  • $2,000-$10,000 in fines
  • License revoked for at least 18 months

What Happens if I Fail to Complete or Refuse to Submit to a DWI Test in New York?

Refusing to take a sobriety test or blood alcohol test does not really help drivers, as there are still penalties for doing so. If you fail or refuse to complete a chemical test in New York, you risk the following penalties.

Chemical Test Refusal

  • $500 civil penalty
  • No jail time
  • License revoked for one year, 18 months for commercial drivers

Chemical Test Refusal (Within 5 Years of DWI Charge or Previous Refusal)

  • $750 civil penaltyNo jail time
  • License revoked for 18 months, one year or until age 21 for drivers under 21, permanent CDL revocation for commercial drivers

How Do I Get a Conditional License in New York?

New York DWI laws allow offenders, and even some repeat offenders, to be eligible for a conditional license in New York. If you have your license suspended due to a drug or alcohol-related offense, complete the following to qualify for a conditional license:

First, Second, or Third Offenses

  • Complete a course via the state’s Impaired Driver Program
  • Pay required fees and fines
  • Complete all program requirements and treatment requirements
  • If on probation, must bring written permission from probation officer when applying
  • Install an ignition interlock device New York approves

A conditional license does not give drivers full license privileges, however. Typically, locations one can drive to are limited to the following:

  • To and from work
  • During employment hours if your job requires you to drive (conditional or restricted licenses are not available for those who need a CDL)
  • Heath care for you or a dependent
  • To and from any required Impaired Driver Program courses or activities
  • To and from Motor Vehicle office to conduct business related to the conditional license
  • To and from ignition interlock specialist for installation and calibration
  • Child care
  • Continuing education classes at community college or state-approved vocational or technical training schools - a conditional license can’t be used to drive to and from a high school
  • Court-ordered community service or other probation activities
  • Probation or parole appointments