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the ongoing war against drunk driving, the state of New York has a struck another blow. A new law recently went into effect, requiring any persons with a DWI conviction to have a device installed in their vehicle that requires them to pass a breathalyzer test in order to start the vehicle's engine. This new requirement is the second part of Leandra's Law, named after Leandra Rosado [link widoczny dla zalogowanych], to be put into effect. December 2009 saw the first part of Leandra's Law put into effect, making the act of driving drunk with a child younger than 15 present in the vehicle a felony in the state of New York.
"This is another measure to stop an epidemic in New York State - to stop drunk driving," said state Sen. Charles Fuschillo one of the law's sponsors. "It takes away judicial discretion [link widoczny dla zalogowanych], and it requires a mandatory interlock." It has been reported that 248 arrests have been made in the first 6 months since part one of Leandra's Law took effect, and it is safe to assume that many more will follow with the law intensifying.
Nine other states have laws on the books requiring breathalyzer devices to be installed to start the cars of DWI offenders. New York's implementation of the law does differ from the other states however. In New York, it does not matter whether the person was convicted of a misdemeanor or a felony DWI. The device is required after the first conviction, an important difference a Manhattan accident attorney notes. The type of DWI does come factor in when deciding the length of time the device is installed in the offender's vehicle. A misdemeanor calls for a minimum of six months and a maximum of three years, while a felony caps out at five years with the same six-month minimum as a misdemeanor.
The official name of the mandatory device is an ignition interlock device, but it is sometimes referred to as a breathalyzer device or a breathalyzer-like device, as it functions similarly as a Breathalyzer. The driver of the automobile must supply an alcohol-free breath sample every time they wish to operate their vehicle. The ignition interlock device will also randomly require the driver to submit another sample of their breath. A Manhattan accident attorney explains that this done to prevent the driver from having someone else blow for them to start the vehicle.
In addition to the multiple breath samples it requires [link widoczny dla zalogowanych], the ignition interlock device is extremely sensitive. In fact, drivers with anything greater or equal to a .025 blood alcohol content reading will flunk, this despite the legal limit for driving in New York being .08. This is done because DWI offenders in the state of New York are not allowed to have any alcohol in their before driving. Don Prudente, the owner of DriveSafe Ignition Interlock of New York, an ignition interlock device supplier claims that, "It's so sensitive, it picks up what they did the night before. It picks up their hangover." These devices are expected to cost between $170 to $200 for installation, and $80 a month in maintenance and service fees, the cost to be paid by the DWI offender of course.