Interlock Provision of Leandra's Law Affecting Unlikely Parties
Leandra's Law requires DWI offenders to install breath alcohol ignition interlock devices in their vehicles. What may be a barrier to DWI offenders may be a boon for installation shops.

December 10, 2010 /24-7PressRelease/ -- On August 15, 2010, a provision of Leandra's Law took effect that requires those convicted of driving while intoxicated (DWI) to install breath alcohol ignition interlock devices (IIDs) in their vehicles. These devices measure the alcohol content on the driver's breath and will not allow the car to start if the alcohol level is above a certain limit. New York is the 12th state to require interlock devices for those convicted of DWI.

Who is Affected by the New Law

The basic rationale behind Leandra's Law is protecting the public (especially children) by deterring repeat DWI offenders. Repeat offenders make up a large segment of DWI arrests each year in New York, and it is estimated that 50% of those convicted of DWI continue to drive despite having their licenses suspended. As such, legislators believed that offenders would be less likely to drive (and less likely to pose a threat to other drivers) with interlock devices in their vehicles.

Those convicted of misdemeanor DWI will be required to have an IID in their vehicle anywhere from six months to three years. Felony DWI offenders face up to five years with an interlock device. The new law also includes first-time offenders. People convicted of driving under the influence of drugs are not required to have interlock devices.

How the Interlock Devices Work

Interlock devices essentially have three components: a relay box, a breathalyzer and a digital camera. The relay box stores breath test results and corresponding data and is fastened out of sight behind the car's dashboard. A long cord connects a breathalyzer and a digital camera to the relay box. Before the driver can start the car, he or she must blow into the breathalyzer. The digital camera takes a picture of the driver (or records the driver blowing into the device), and if the driver has no alcohol on their breath, the car will start. While the blood alcohol limit in New York is .08, the car will be disabled if .025 alcohol level is detected.

To combat cheating, some devices require the driver to hum a tune while blowing into the breathalyzer, while others use an "inhale/exhale" method to ensure that an actual person is blowing into the machine. They also require rolling retests (usually every 10 to 15 minutes) to prevent the driver from drinking after the car has been started.

What it Means for Involved Parties

The new law certainly makes it more expensive to get caught for DWI. Interlock devices can cost more than $100, excluding installation fees. Also, monthly lease fees for the devices average $80 per month. First time offenders face fines that range from $500-$1000, as well as fees for license reinstatement. Offenders may also see increases in their insurance premiums.

What may be a barrier to DWI offenders may be a boon for installation shops. According to traffic safety officials, nearly 2000 offenders have interlock systems installed in their vehicles, and it is estimated that 25,000 devices will be installed each year. Installers receive a fee for setting up the devices, as well as a portion of the monthly lease fees.

Albany County has five authorized installers:
- Ignition Interlock of New York, Inc.
- Car Essentials, Inc.
- Zims Custom Radio
- Zeibart of Albany
- Lawton's Auto & Tire Center

Response by the Courts

While judges may be required to impose interlock devices as a matter of law, they may also consider more pleas to DWAI (driving while alcohol impaired), which is a civil crime and does not come with the additional fines and penalties that DWI requires. Before Leandra's Law took effect, judges had broad discretion in DWI cases to impose IIDs. The court would consider the offender's criminal history, blood alcohol level, and extenuating circumstances before handing down sentences.

In fact, in Monroe County, which has the highest conviction rate for DWI of New York's most populous counties, a large majority of defendants are found guilty of non-criminal offenses and traffic violations instead of DWI. Some in the legal community believe judges may consider the additional financial issues a DWI may bring, and balance them against a DWAI conviction that would likely prevent repeat offenses; especially if they believe that offenders are unlikely (or unable) to comply with the new law.

If you have been charged with DWI or have questions about complying with the ignition interlock requirement, please contact an experienced criminal defense attorney.

Press Release Contact Information:

Findlaw PR