Vehicle and Traffic Law section 1193 and 1198 cover the law. The regulations are covered by Part 358 of Title 9 of the NYCRR which are available on the DCJS website.
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Yes, all vehicles that you own or operate to include motorcycles. You may not operate any motor vehicle without an Ignition Interlock Device (IID) installed (except for certain employer-owned vehicles during work functions with prior approval). You may not own a vehicle that does not have an IID installed. You must transfer the title of any vehicle you own and turn in your registration and plates if you do not install an IID in that vehicle.
Yes, if you own or operate a motor vehicle you must install an Ignition Interlock Device (IID). The status of your license does not change the IID order.
If you have the device installed for 6 months and do not have any court ordered extensions of the minimum installation period, you may request that the STOP-DWI Program petition the Sentencing Court for approval of early de-installation using the De-Install Request form. Approval of the request will be based on a review of your monitoring reports.
No. The license restriction will remain in effect for the duration of your Conditional Discharge sentence (typically 12 months) if you do not have a device installed. For Probation cases, you must consult your Probation Officer.
Complete the De-Installation Request form and submit to the STOP-DWI Program. Your attorney may submit the request on your behalf.
The DMV does not have a record of a change of ownership unless and until the new owner applies for a New York State title certificate. If the new owner does not apply for a title certificate in New York, New York DMV records will continue to show that you are the most recent owner of the vehicle. You will need to explain to the sentencing court your specific circumstances and provide proof of sale or repossession. Learn more online.
Yes, the monitor receives reports after each service visit or in real-time depending on the unit. Certain violations are reported to the Sentencing Court and the District Attorney. Additional information regarding violations is available in the Operators Instruction Sheet.
No. If you operate an employer owned vehicle during the course of your employment, you will need to complete a Statement of Ignition Interlock Acknowledgement confirming that your employer has been notified of the restricted nature of your driver's license. If you are the owner of the business which owns the vehicle, this exemption does not apply. Contact STOP-DWI for the required form and instructions.
Yes. You must have an Ignition Interlock Device regardless of where you live within the state or out of the state. The rules for interstate monitoring and a list of companies that have locations in other states are available on the DCJS website under the Regulations/Law tab.
If you are convicted in New York, you will have an Interlock Restriction on your New York driving record which means you do not have the privilege of driving in New York without an IID. To have the Interlock Restriction removed, you must first comply with your sentence, request and receive the Interlock Restriction Removal Authorization, and then contact the NYS DMV Driver Improvement Unit (DIU) by phone at 518-474-0774, Option Number 5 (Phone Hours: Monday through Friday, 8:30 to Noon) or visit them online.
Yes. You will find an Ignition Interlock Device (IID) Program Financial Disclosure Report on the DCJS IID Program page under the Forms tab. You must make this request with the Sentencing Court. If you are approved for a 100% free device, you must contact the STOP-DWI Program to be assigned a vendor for installation.
Yes, unless you have a 100% fee waived order approved by the Sentencing Court. If you pay any part of the fee associated with installation and maintenance, you are free to select your own vendor. If you have a 100% fee-waived order, the STOP-DWI Program will assign you a vendor.
No. The law still applies however.
Information regarding conditional licenses is available through the New York State DMV website.
Circumvention of the Ignition Interlock Device is a misdemeanor charge under VTL 1198 (9) for both the restricted driver and the person who provides the breath sample or vehicle for the driver.
No. Once an Ignition Interlock Device condition is imposed by the Court (either at sentencing or in advance of sentencing), you are no longer allowed to operate a motor vehicle without an ignition interlock device.