Under New York’s tough new Ignition Interlock Device Program, those convicted of Driving While Intoxicated per se under VTL 1192(2); Common Law Driving While Intoxicated under VTL 1192(3); Aggravated Driving While Intoxicated under VTL 1192(2-a) or any crime found in the Vehicle and Traffic Law or the Penal Law of which an alcohol-related violation of any provision of VTL 1192 (New York’s DWI laws) is an essential element will be required to install an IID in any vehicle they own or operate for at least six months.
However, the law does not apply to those convicted of Driving While Ability Impaired (Alcohol) [VTL 1192(1)]; Driving While Ability Impaired by Drugs [VTL 1192(4)]; Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol And Any Drug or Drugs [VTL 1194(4-a)]; Commercial Motor Vehicles: per se – level I (.04-.06 while operating a commercial vehicle) [VTL 1192(5)]; and Commercial Motor Vehicles; per se – level II (more than .06 but less than .08 while operating a commercial vehicle) [VTL 1192(6)].
Perhaps an argument could be made that the IID law applies to Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol And Any Drug or Drugs [VTL 1194(4-a)] because under the second provision of this statute one’s ability to drive must be impaired by the combined influence of alcohol and any drug or drugs. Therefore, impaired by alcohol is an essential element of the second provision of VTL 1194(4-a).
While the IID law does not apply to Driving While Ability Impaired (alcohol) [VTL 1192(1)], it does apply to any crime found in the VTL or Penal Law if an essential element of that crime is a violation of any provision of VTL 1192 including Driving While Ability Impaired under VTL 1192(1). And it does appear that Driving While Ability Impaired (alcohol) under VTL 1192(1) is an essential element of VTL 1194(4-a) where the charge is based upon impairment by the combined influence of alcohol and any drug or drugs. We will have to await court rulings or legislative action on this issue.
For more information about any Driving While Intoxicated or Impaired issue please contact Tilem & Campbell toll free at 1-888-DWI-COUNSEL (888-394-2686) or visit us on the web at www.888dwicounsel.com.