With the passage of Chapter 496 of the Laws of 2009, commonly referred to as Leandra’s Law, New York State implemented mandatory ignition interlock laws. An essential component of this law requires monitoring of all defendants subject to ignition interlock devices as a result of sentencing on and after August 15, 2010, involving a DWI misdemeanor or felony offense.
Ignition interlock devices are equipped with recording devices that capture the number of times the automobile was started or attempted to be started, the operator's BAC at the time an attempt was made to start the car, and the duration the automobile was driven during the monitoring period.
IID restrictions apply to all vehicles you own OR operate to include motorcycles. You may not own or operate a vehicle without an IID installed on the vehicle. Own or operate is defined as vehicles that are registered or titled in your name.
Click here for a video that gives a comprehensive overview of Ignition Interlock Devices - how they appear, how they work, common circumvention tactics, and enforcement guidance
For more information regarding your responsibilities and the monitoring process, please review our Ignition Interlock Device Instruction For Defendants form by clicking on the blue box below.
Broome County STOP-DWI Program
PO Box 1766
Binghamton, New York 13902
Fax Line: 607.778.2908
For a complete list of Manufacturers and local Vendors, please click here and select the Manufacturers/Vendors tab. For information about Fees and Classes of devices, select the Ignition Interlock tab.
All defendants who receive a conditional discharge for a DWI offense are subject to IID restrictions and ordered to have the restriction for 12 months. Your monitor is the only agency authorized to provide you with the required de-installation and restriction removal forms. You should not contact the Sentencing Court directly to request removal forms.
If you have completed the 12 month conditional discharge period, regardless of if you installed an IID in your vehicle or not, you must contact the STOP-DWI Program to request a Satisfaction of Sentence Notification in order to have the device removed from your vehicle and/or to have the restriction removed from your license. It is your responsibility to provide the required notification to the DMV.
In some cases, defendants may request to have the IID de-installed and the IID license restriction removed earlier than the 12 months ordered by the Court. If you have installed an IID and successfully maintained the device for 6 months, you may request that the STOP-DWI Program petition the Sentencing Court to approve early de-installation of the device. If the monitor makes the recommendation to the Court and it is approved, you will be notified of the early removal approval.
Q: Does the IID restriction apply to all vehicles?
A: Yes, all vehicles that you own or operate to include motorcycles. You may not operate any motor vehicle without an 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.
Q: Do I need to have an IID installed if my license is revoked or suspended?
A: Yes, if you own or operate a motor vehicle you must install an IID. The status of your license does not change the IID order.
Q: Can I have the IID removed prior to 12 months?
A: 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.
Q: Can I have my IID license restriction removed prior to 12 months if I don't install a device and don't have any other legal issues?
A: 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.
Q: How do I request that the IID be de-installed and the license restriction removed?
A: Complete the De-Installation Request form and submit to the STOP-DWI Program. Your attorney may submit the request on your behalf.
Q: NYS DMV records list me as the current owner of a vehicle that I no longer own and I don't have any proof of sale. What should I do?
A: 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. More info here
Q: Does the IID record and send information about my breath sample?
A: 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.
Q: My job requires me to drive a vehicle. Does every vehicle I might drive for work require an IID?
A: 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.
Q: I don't live in New York but I was convicted of a DWI in New York. Do I need an IID?
A: Yes. You must have an IID 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: http://www.criminaljustice.ny.gov/opca/ignition.htm under the Regulations/Law tab
Q: I have a license in a state other than New York. What do I need to do to restore my New York driving privilege?
A: 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 #5 (Phone Hours: M-F, 8:30 – Noon) or visit them online at: http://dmv.ny.gov/tickets/restore-license-after-revocation
Q: Is there an application to request a fee waiver for the cost of the device?
A: Yes. You will find an Ignition Interlock Device Program Financial Disclosure Report on the DCJS IID Program page under the Forms tab: http://www.criminaljustice.ny.gov/opca/ignition.htm
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.
Q: Am I free to pick any IID vendor I want?
A: 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.
Q: Do manufacturers who operate within NYS install IID's for motorcycles?
A: No. The law still applies however.
Q: What forms do I need to apply for a Conditional License?
A: Information regarding conditional licenses is available through the NYS DMV website: http://dmv.ny.gov/tickets/conditional-license
Q: What are the penalties for driving without an IID or having someone else blow in the IID for me?
A: Circumvention of the IID 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.
Q: What section of the law covers IID's?
A: Vehicle & 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.
Q: If I am granted a "20 Day Stay" (a Continuation of Driving Privileges), am I allowed to drive without an Ignition Interlock?
A: No. Once an IID 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.