DUI DWI: International Referral
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DUI, DWI & Criminal Legislation in New York
New York Vehicle and Traffic Law , section: 1198
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Penalties/Suspension on Conviction, Prohibition, Ignition Interlock Device Program
Ignition interlock device program. 1. Scope of program. There is hereby created in this state an ignition interlock device program. The provisions of this section shall apply only to persons sentenced by a court located in the following counties: Albany, Erie, Nassau, Onondaga, Monroe, Westchester and Suffolk; except that paragraph (b) of subdivision four, subdivisions five, eight and ten of this section shall apply in all parts of the state if a vehicle has been equipped with an ignition interlock device as a condition of probation. This section shall not be construed to preclude other counties not specifically designated therein from implementing an ignition interlock device program or to prevent courts in other jurisdictions from requir- ing the installation of an ignition interlock device as a condition of probation. 2. Requirements. (a) In addition to any other penalties prescribed by law, the court may require that any person who has been convicted of a violation of subdivision two or three of section eleven hundred ninety- two of this chapter, or any crime defined by this chapter or the penal law of which an alcohol-related violation of any provision of section eleven hundred ninety-two of this chapter is an essential element, and who has been sentenced to a period of probation, install and maintain, as a condition of such probation, a functioning ignition interlock device in accordance with the provisions of this section; provided, however, the court may not authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked except as provided herein. (b) Nothing contained in this section shall prohibit a court, upon application by a probation department located in any county set forth in subdivision one of this section, from modifying the conditions of probation of any person convicted of any violation set forth in para- graph (a) of this subdivision prior to the effective date of this section, to require the installation and maintenance of a functioning ignition interlock device, and such person shall thereafter be subject to the provisions of this section. (c) Nothing contained in this section shall authorize a court to sentence any person to a period of probation for the purpose of subject- ing such person to the provisions of this section, unless such person would have otherwise been so sentenced to a period of probation. 3. Conditions. (a) Notwithstanding any other provision of law, the commissioner may grant a post-revocation conditional license, as set forth in paragraph (b) of this subdivision, to a person who has been convicted of a violation of subdivision two or three of section eleven hundred ninety-two of this chapter and who has been sentenced to a peri- od of probation, provided the person has satisfied the minimum period of license revocation established by law and the commissioner has been notified that such person may operate only a motor vehicle equipped with a functioning ignition interlock device. No such request shall be made nor shall such a license be granted, however, if such person has been found by a court to have committed a violation of section five hundred eleven of this chapter during the license revocation period or deemed by a court to have violated any condition of probation set forth by the court relating to the operation of a motor vehicle or the consumption of alcohol. In exercising discretion relating to the issuance of a post-re- vocation conditional license pursuant to this subdivision, the commis- sioner shall not deny such issuance based solely upon the number of convictions for violations of any subdivision of section eleven hundred ninety-two of this chapter committed by such person within the ten years prior to application for such license. Upon the termination of the peri- od of probation set by the court, the person may apply to the commis- sioner for restoration of a license or privilege to operate a motor vehicle in accordance with this chapter. (b) Notwithstanding any inconsistent provision of this chapter, a post-revocation conditional license granted pursuant to paragraph (a) of this subdivision shall be valid only for use by the holder thereof, (1) enroute to and from the holder`s place of employment, (2) if the hold- er`s employment requires the operation of a motor vehicle then during the hours thereof, (3) enroute to and from a class or course at an accredited school, college or university or at a state approved institu- tion of vocational or technical training, (4) to and from court ordered probation activities, (5) to and from a motor vehicle office for the transaction of business relating to such license, (6) for a three hour consecutive daytime period, chosen by the administrators of the program, on a day during which the participant is not engaged in usual employment or vocation, (7) enroute to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of the participant`s household, as evidenced by a written statement to that effect from a licensed medical practitioner, (8) enroute to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program and at which participant`s attendance is required, and (9) enroute to and from a place, including a school, at which a child or children of the participant are cared for on a regular basis and which is necessary for the participant to maintain such participant`s employment or enrollment at an accredited school, college or university or at a state approved institution of vocational or tech- nical training. (c) The post-revocation conditional license described in this subdivi- sion may be revoked by the commissioner for sufficient cause including but not limited to, failure to comply with the terms of the condition of probation set forth by the court, conviction of any traffic offense other than one involving parking, stopping or standing or conviction of any alcohol or drug related offense, misdemeanor or felony. (d) Nothing contained herein shall prohibit the court from requiring, as a condition of probation, the installation of a functioning ignition interlock device in any vehicle owned or operated on a regular basis by a person sentenced for a violation of section five hundred eleven or section eleven hundred ninety-two of this chapter, or any crime defined by this chapter or the penal law of which a violation of any provision of section eleven hundred ninety-two of this chapter is an essential element, if the court in its discretion, determines that such a condi- tion is necessary to ensure the public safety. Such a condition shall in no way limit the effect of any period of license suspension or revoca- tion set forth by the commissioner or the court. (e) Nothing contained herein shall prevent the court from applying any other conditions of probation allowed by law, including treatment for alcohol or drug abuse, restitution and community service. (f) The commissioner shall note on the operator`s record of any person restricted pursuant to this section that, in addition to any other restrictions, conditions or limitations, such person may operate only a motor vehicle equipped with an ignition interlock device. 4. Proof of compliance and recording of condition. (a) If the court imposed the use of an ignition interlock device as a condition of probation it shall require the person to provide proof of compliance with this section to the court and the probation officer as set forth in the order of probation. If the person fails to provide for such proof of installation, absent a finding by the court of good cause for that fail- ure which is entered in the record, the court may revoke, modify, or terminate the person`s sentence of probation as provided under law. (b) When a court imposes the condition specified in subdivision one of this section, the court shall notify the commissioner in such manner as the commissioner may prescribe, and the commissioner shall note such condition on the operating record of the person subject to such condi- tions. 5. Cost, installation and maintenance. (a) The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition. Such cost shall be considered a fine for the purposes of subdivision five of section 420.10 of the criminal procedure law. Such cost shall not replace, but shall instead be in addition to, any fines, surcharges, or other costs imposed pursuant to this chapter or other applicable laws. (b) The manufacturer of the device shall be responsible for the installation and maintenance of such device and for the reports required in this section. 6. Certification. (a) The commissioner of the department of health shall approve ignition interlock devices for installation pursuant to subdivision one of this section and shall publish a list of approved devices. (b) After consultation with manufacturers of ignition interlock devices and the national highway traffic safety administration, the commissioner of the department of health, in consultation with the commissioner and the director of the division of probation and correc- tional alternatives, shall promulgate regulations regarding standards for, and use of, ignition interlock devices. Such standards shall include provisions for setting a minimum and maximum calibration range and shall include, but not be limited to, requirements that the devices: (1) have features that make circumventing difficult and that do not interfere with the normal or safe operation of the vehicle; (2) work accurately and reliably in an unsupervised environment; (3) resist tampering and give evidence if tampering is attempted; (4) minimize inconvenience to a sober user; (5) require a proper, deep, lung breath sample or other accurate meas- ure of blood alcohol content equivalence; (6) operate reliably over the range of automobile environments; (7) correlate well with permissible levels of alcohol consumption as may be established by the sentencing court or by any provision of law; and (8) are manufactured by a party covered by product liability insur- ance. (c) The commissioner of the department of health may, in his discretion, adopt in whole or relevant part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon for the certification or approval of ignition interlock devices by other states, their agencies or commissions. 7. Information and final report. (a) The division of probation and correctional alternatives, in consulation with the department and the office of court administration, shall develop a standard reporting form that will be used by the courts, such division and the department for collecting data relating to the program. (b) The division of probation and correctional alternatives and the department shall compare the recidivism rate of those persons subject to the provisions of the program to demographically and statistically simi- lar cases where the program was not applied. (c) The division of probation and correctional alternatives and the department shall jointly prepare an evaluative report as to the effec- tiveness, reliability and impact of ignition interlock devices as a sentencing and probation option. Such report shall be submitted to the governor, the temporary president of the senate and the speaker of the assembly no later than the first day of May, two thousand and an updated report no later than the first day of May, two thousand two. In addi- tion, such report and report update shall include, but not be limited to the following information: (1) record of offenders, including the number of prior alcohol or drug-related convictions relating to the operation of a vehicle; (2) record of any violations of probation; (3) record of the number of persons convicted of a violation of subdi- visions eight and ten of this section; (4) the type and manufacturer of the ignition interlock device installed and the record of any malfunctions; and (5) any other information determined necessary and relevant to the implementation of this section by the division of probation and correc- tional alternatives and the department. The division and the department may request technical assistance in the preparation of the report from the national highway traffic safety administration. 8. Use of other vehicles. (a) The requirement of subdivision one of this section that a person operate a vehicle only if it is equipped with an ignition interlock device shall apply to every motor vehicle operated by that person including, but not limited to, vehicles that are leased, rented or loaned. (b) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his driving privilege restricted pursuant to subdivision one of this section, unless the vehicle is equipped with an ignition interlock device. Any person whose driving privilege is restricted pursuant to subdivision one of this section shall notify any other person who rents, leases, or loans a motor vehicle to him of the driving restriction imposed under this section. (c) A violation of paragraph (a) or (b) of this subdivision shall be a misdemeanor. 9. Employer vehicle. Notwithstanding the provisions of subdivision one of this section, if a person is required to operate a motor vehicle owned by said person`s employer in the course and scope of his employ- ment, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified that the person`s driving privilege has been restricted under the provisions of this article and the person whose privilege has been so restricted has acknowledgement of the employer notification in his or her possession while operating the employer`s vehicle for normal busi- ness duties. The person shall notify the court and the probation officer of his or her intention to so operate the employer`s vehicle. A motor vehicle owned by a business entity which business entity is all or part- ly owned or controlled by a person otherwise subject to the provisions of this article is not a motor vehicle owned by the employer for purposes of the exemption provided in this subdivision. The provisions of this subdivision shall apply only to the operation of such vehicle in the scope of such employment. 10. Circumvention of interlock device. (a) No person whose driving privilege is restricted pursuant to subdivision one of this section shall request, solicit or allow any other person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device, for the purpose of providing the person so restricted with an operable motor vehicle. (b) No person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subdivision one of this section. (c) No person shall tamper with or circumvent an otherwise operable ignition interlock device. (d) In addition to any other provisions of law, any person convicted of a violation of paragraph (a), (b) or (c) of this subdivision shall be guilty of a misdemeanor. 11. Warning label. The department of health shall design a warning label which the manufacturer shall affix to each ignition interlock device upon installation in the state. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability. *NB Repealed July 1, 2003
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