ARE YOU REQUIRED to Drive While
the Ignition Interlock Device is on
your car?
The statute itself (VTL 1198(2)(a)) nor any case law indicate that it is REQUIRED that you start or drive your car while the Ignition Interlock Device is on it. In other words, you are required to have the device on your car---but there is no duty to DRIVE.
However, you ARE REQUIRED to install the device within 10 days of sentencing and notify the County STOP DWI Monitor of the installation within 3 business days. You are also required to upload the information from the device to your local County Stop DWI monitor (in Tompkins County it is Michelle Barber) every month.
In theory, you could leave the car sitting in your driveway for 6 months and only upload the information to the STOP DWI monitor on a monthly basis.
Unfortunately, not every Judge KNOWS THIS. We have some judges around Tompkins County that have the opinion that the IID program is also a "monitoring device" to prove that you have learned your lesson and are NOT imbibing with any alcohol.
Most first offense DWI conditional discharges --DO NOT --have the condition that prevents someone from drinking during the 1 year term of the sentence. To make things clear, some Judges believe that despite your ability to legally consume alcohol you should probably abstain for a period of time, and would not look kindly on you not driving your car with the IID on it.
It does not make sense, but it is how things are for some parts of Tompkins County.
BOTTOM LINE
Despite any judicial misunderstandings of the law, there IS NO LEGAL REQUIREMENT that you must drive your car while the Ignition Interlock Device is installed on it. As long as you comply with the other rules surrounding an IID, then you are doing nothing wrong.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi
Twitter: @ithacadwi
