The Use of Ignition Interlock Devices in Drunk-Driving Cases

Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If you find yourself arrested for illegal drunk driving, an attorney with experience defending drunk-driving cases can help protect your rights.

DWI Defense Lawyers

Being arrested for drunk driving can lead to serious consequences. If you are charged with a DWI, you may go to jail, lose your license for an extended period of time, lose your job, and be forced to pay excessive fines or even all of the above. But if you have been arrested or pulled over for drunk driving in the Hudson Valley region, you have options to defend your rights.

At Larkin Axelrod Ingrassia & Tetenbaum, LLP, our attorneys have had extensive experience and success in defending individuals charged with drunk driving. In fact, members of our firm have frequently taught other attorneys on DWI defense related topics at seminars sponsored by state and local bar associations, and they have trained judges on laws related to DWI as well. For a free DWI consultation, contact our offices in Newburgh or Middletown, New York, online or call 845-234-4852 (local) or 877-278-5062 (toll free).

Thank you for contacting Larkin, Axelrod, Ingrassia & Tetenbaum, LLP. Your message has been sent.

Call us now

or use the form below.

Fight to stay out of jail. Fight to keep your license. The attorneys at Larkin Axelrod Ingrassia & Tetenbaum, LLP will protect your rights in your DWI charge. We have successfully defended hundreds of DWI charges. Let us help you minimize the consequences of your DWI. Call 845-234-4852 or 877-278-5062 today for a free DWI consultation.

Do not assume you can't win and do not wait to talk to a lawyer. Contact Larkin Axelrod Ingrassia & Tetenbaum, LLP for a free DWI consultation. We maintain offices in Newburgh and Middletown, New York, and provide effective DWI defense on behalf of clients facing charges in Orange County and throughout the Hudson Valley.

The Use of Ignition Interlock Devices in Drunk-Driving Cases

Most states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney at Larkin Axelrod Ingrassia & Tetenbaum, LLP in Newburgh, New York.

What is an Ignition Interlock Device?

An ignition interlock device is a small device (about the size of a cell phone) that is installed in a car that measures a person's BAC level. If a person blows into the device and it registers a BAC level that is above a certain amount, the car will not start. The driver must also give breath samples during the drive. This prevents an intoxicated person from having a sober friend blow into it in order to start the car so he or she can drive away. Ignition interlock devices use fuel-cell sensor technology to detect alcohol. Devices can record data such as the test results for alcohol levels, engine stops and starts and any attempts to tamper with the device.

Overview of Ignition Interlock Laws

Most states have laws regarding the use of ignition lock devices as a penalty in DUI (driving under the influence), DWI (driving while intoxicated) or drunk-driving cases. Of the states that have such laws, the majority of them give judges discretion to order the installation of interlock devices as a penalty for the first conviction. This means that the judge is not required to order that one be installed if a person is convicted of drunk driving, but may do so. Generally, the state will have laws that set forth how long the device must be used if the judge does order one be installed.

A few states make installation of an ignition interlock device mandatory upon conviction for certain types of DUI or drunk-driving offenses or under certain circumstances, such as:

Repeat convictions (second or third offenses)
High BAC levels
BAC of over 0.15
BAC of over 0.08
DUI with a minor (under 16 years old) in the car
After reinstatement of a driver's license

Potential Problems with Ignition Interlock Devices

The use of ignition interlock devices should curtail drunk driving and prevent individuals from driving when they are intoxicated. In addition, using them can help people who have been convicted of drunk driving show the court and prosecutors that they have stayed sober. However, there may be some potential problems with the use of such devices:

False positives: The devices may detect alcohol if a driver has recently used mouthwash that contains alcohol or if a person has eaten certain baked goods containing sugar and yeast, which have been known to cause low alcohol levels.
Malfunctions: The devices use complex fuel-cell technology, and there is a possibility that the device could malfunction resulting in incorrect readings.
Shared vehicles: If the person who is required to use the ignition interlock device shares a car with a spouse or another person, that other person will need to use it as well.

In addition the offender is typically required to pay for the device. The cost usually includes an installation fee (about $100) and a monthly rental fee (about $75). The offender may have to use the device for three months, six months or longer depending on the state, the applicable law and the terms of the offender's sentence.

Speak to a Drunk Driving Defense Lawyer

More states now have laws covering the use of ignition interlock devices in drunk-driving cases. However, these laws vary greatly in terms of the circumstances in which ignition interlock devices are used, how long they must be used and the people who are required to use them. If you have questions about the use of these devices, contact an experienced DUI/DWI attorney at Larkin Axelrod Ingrassia & Tetenbaum, LLP in Newburgh, New York.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Back to Main

Feb 03 - New York City police commissioner's son accused of sex assault
Jan 30 - Legal steps taken in New York securities fraud case
Jan 27 - Newburgh arrests for drug and weapons possession
Jan 26 - New York melee charges to be dismissed in two months
Jan 25 - New York man arrested for alleged lost pet scam

Feb 06 - New York prosecutor fired after DWI arrest
Feb 02 - New York State Police arrest trucker for aggravated DWI
Jan 31 - Super DWI crackdown for New York's Super Bowl weekend
Jan 26 - Recent DWI arrests from around New York State
Jan 24 - New York congressman's wife arrested for DWI

July 2011 – Client's conviction for DWAI successfully overturned
John Ingrassia and Kathleen Wells teamed up to successfully overturn a client's conviction for DWAI. The NY State Supreme Court Appellate Term for the 9th and 10th Judicial Districts held that our attorneys were correct...
2011 - DWI Checkpoint Evidence Suppressed
April 2011 - John Ingrassia and Kathleen Wells were successful in obtaining the suppression of all evidence derived as a result of the stopping and arrest of a client charged with DWI.
2011 - DWAI Dismissed
April 2011 - John Ingrassia and Kathleen Wells successfully filed a motion to vacate a defendant's prior conviction for Driving While Ability Impaired by Alcohol claiming that he did not receive effective assistance of counsel in that case.
2011 - Driving Without Insurance Overturned
April 2011 - John Ingrassia obtained a not guilty verdict after trial for a charge of driving without insurance. His client was operating an uninsured motor vehicle when he was stopped by New York State Police.
2011 - Not Guilty Verdict on 3RD Degree Assault & Harassment Charges
March 2011 - After trial, John Ingrassia obtained a not guilty verdict for a man accused of assault third degree and harassment.
2011 - Breath Test Results Successfully Suppressed
February 2011 - John Ingrassia and Kathleen Wells successfully argued that our client was denied the right to consult with an attorney in order to determine whether to submit to a breath test to determine blood alcohol content.
2011 - DWI Charges Dismissed
January 2011 - John Ingrassia successfully argued that his client who was charged with DWI was unlawfully stopped by police where the only violation the arresting officer observed was driving over the white fog line on Interstate 84.
2011 - Supreme Court Decision Overturned
March, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP successfully overturned a Supreme Court Decision and Order which denied a motion to dismiss a divorce action based on lack of adequate grounds for divorce.
2011 - Appeal Won In Appellate Division, Second Department
January, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP won an appeal in the Appellate Division, Second Department and was able to have a Qualified Domestic Relations Order vacated where the Order granted a...
2010 - Couple Compensated for Faulty Swimming Pool Installation.
Paul Teutul Sr. can not make Paul Teutul Jr. to sell his 20 percent interest in Orange County Choppers Holding Inc., as determined by an appeals court ruling.
2010 - Paul Teutel Jr. Wins Appeal Against Orange County Choppers Holding Inc.
John Ingrassia and Raymond Raiche were successful in bringing a small claims petition on behalf of a husband and wife homeowner against a swimming pool company from whom they purchased an above ground pool...
2010 - Hiring A Lawyer For Loan Modification Assistance
Homeowner’s behind in their mortgage can sometimes benefit from hiring a lawyer to try to modify their loan and advert foreclosure.
2010 - Marijuana Charges Dismissed
August 2010 - John Ingrassia was able to work out a very favorable plea bargain with the prosecutor's office and the local justice court in Orange County. After our client was stopped for speeding by police, the officer detected odor of marijuana and the driver admitted to having recently consumed marijuana.
2010 - Felony Grand Larceny and Conspiracy charges yield Probation and Community Service
On August 24, 2010 Bryan Dunn was sentenced to 300 hours of community service and 5 years of probation for his part in a million-dollar Walmart theft ring.
2010 - Kathleen Wells and John Ingrassia Present a DWI CLE Program
On July 29, 2010, Kathleen Wells and John Ingrassia presented a teleconference Continuing Legal Education (CLE) program for attorneys entitled "New York DWI Update - What You Need to Know"
2010 - John Ingrassia Authors Chapter of Book "Inside the Minds - Trial Techniques for Criminal Cases"
John Ingrassia authored a chapter entitled "The Defense Attorney as Investigator: Uncovering Evidence to Defend Your Client's Case" in the book "Inside the Minds - Trial Techniques For Criminal Cases" by Aspatore Publishing.
2010 - Aggravated DWI and DWI Charges Dismissed
In a July 2010 trial, John Ingrassia obtained dismissals on charges of Aggravated DWI and DWI in return for a guilty plea of Reckless Driving.
2010 - DWAI Case Dismissed in the Town of Montgomery
John Ingrassia was successful in a July 2010 trial and DWAI charges against our client were dropped in the Town of Montgomery.
2010 - Two DWI Charges Dismissed Due to Speedy Trial Rights Violations
On July 20, 2010, John Ingrassia obtained dismissals on two separate DWI cases in a local Justice Court. The dismissals were based on Mr. Ingrassia successfully arguing that the delay in bringing his clients to trial violated their Speedy Trial Rights under the New York State Criminal Procedure Law and US Constitution.
2010 - Plea Bargain Accepted Before Murder Trial Starts
2010 - GOSHEN - James J. Babcock pleaded guilty Friday in Orange County Court to the killing of Elaine Ackerman because he didn't want to risk the possibility of 26 ? years to life in prison for murder.
2009 - LAIT Provides Christmas Gifts for Children
LAIT once again participated in the Ulster County DSS and Ulster County Bar Association "Adopt-A-Star" program to provide Christmas gifts for children who are in foster care in Ulster County.
2009 - LAIT Receives Partner in Justice Award for Probono Service
On October 28, 2009 the firm of Larkin Axelrod Ingrassia and Tetenbaum, LLP was awarded the Partner in Justice Award from the Board of Directors of Legal Services of the Hudson Valley/ProBono NY Orange County Committee.
2009 - Middletown Ny Bar Association Elects Two Lait Attorneys as Officers
On December 9, 2009 at the Middletown Bar Association Annual Dinner, Larkin Axelrod Ingrassia & Tetenbaum, LLP had two associates elected to the Executive Board of the Middletown Bar Association (Orange County NY).
2009 - Not Guilty Verdict on Forcible Rape and Unlawful Imprisonment Charges
After a week-long jury trial, Craig Stephen Brown and Kathleen Wells obtained a not guilty verdict by an Orange County jury on a case where the client was accused of forcible rape, forcible sexual abuse, and unlawful imprisonment of an acquaintance.
2009 - Items Suppressed After Declared Illegally Seized in Execution of Search Warrant
An Orange County Court Judge issued a Decision and Order suppressing credit cards illegally seized during the execution of a search warrant.
2009 - John Ingrassia Named By Super Lawyers For Criminal Defense: Dui/Dwi
John Ingrassia has been selected by Super Lawyers as one of the top attorneys in the field of Criminal Defense and DUI/DWI Defense In Upstate New York for 2009.
2009 - Not Guilty Verdict On Menacing Charges With A Gun
After a three day jury trial, John Ingrassia recently obtained a not guilty verdict by a Town of Wallkill jury on a case where his client was accused of menacing another individual with a loaded handgun during an alleged incident last year.
2009 - Jury Awards $804K to Woman in Falldown on Ice Case
2009 - Our client slipped on ice on a poorly shoveled sidewalk and fractured her ankle. As a result of her diabetic condition she eventually had her leg amputated.
Motorcyclist Awarded Full Policy Limits
2009 - A motorcyclist was struck by a car that failed to yield the right of way, causing an injury to his leg. The car carried $100,000 insurance limits.
2009 - Leave to the Court of Appeals Granted
Kathleen Wells requested leave in a felony sexual abuse case to appeal to the highest court in New York State: the Court of Appeals.
2009 - Vacating of a client's jail sentence for speeding
Kathleen Wells appealed a two weekend jail sentence imposed upon an 18 year old for speeding 102 miles per hour in a 65 mile per hour zone.
2009 - Acquittal in Town of Wawayanda DWI case
Daniel Jackson won an acquittal for a client charged with Driving While Intoxicated (DWI) and Possession of an Open Container of Alcohol in a Motor Vehicle in the Town of Wawayanda Justice Court.
2009 - Reversal of a client's Integrated Domestic Violence Court conviction of Harassment in the 2nd Degree
This case involved a trial in which a wife accused her husband of Harassment in the Second Degree. At trial, the husband sought to introduce evidence that his wife had previously threatened to "get" him.
2009 - Acquittal in Town of Cornwall Criminal Mischief case
Daniel Jackson won an acquittal for a client initially charged with Criminal Mischief in the Third Degree in the Town of Cornwall Justice Court.
2009 - Two acquittals in Town of New Windsor DWI cases
John Ingrassia won separate acquittals within weeks of each other in the Town of New Windsor Justice Court for clients charged with multiple counts of Driving While Intoxicated (DWI).
2009 - Acquittal in Town of New Windsor DWAI case
Daniel Jackson won an acquittal for a client charged with Driving While Ability Impaired (DWAI), Speeding and Failure to Keep Right in the Town of New Windsor Justice Court.
2009 - Successful overturn of Family Court Decision
Azra Khan recently won an appeal in the Appellate Division, Second Department where we successfully overturned a Family Court Decision which granted a downward modification of a non-custodial parent's child support obligation.

Offices in Newburgh and Middletown • Conveniently located 3 minutes from the Newburgh Beacon Bridge on Interstate I-84 • Se habla español

The Use of Ignition Interlock Devices in Drunk-Driving Cases

DWI Defense Lawyers

The Use of Ignition Interlock Devices in Drunk-Driving Cases

What is an Ignition Interlock Device?

Overview of Ignition Interlock Laws

Potential Problems with Ignition Interlock Devices

Speak to a Drunk Driving Defense Lawyer

Newburgh DWI Lawyers Video