Any Buffalo driver convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated will be required to have an ignition interlock device installed before being allowed to operate a motor vehicle.
The ignition interlock device checks the driver’s breath for alcohol prior to the car being started and periodically while driving.
The car will not operate if the device finds alcohol on the driver’s breath.
While it may sound unusual, when the defendant does not own a vehicle, this does not mean that they are not required to comply with this law.
The ignition interlock law requires defendants to install this device not just on cars owned by the defendant, but on any vehicle he or she operates.
This means that if, for example, the defendant normally uses a car registered to another family member or has a company car owned by his or her employer, the ignition interlock device still must be installed on that vehicle.
Also, the law requires installation of the ignition interlock device on any motor vehicle owned by the defendant, regardless of whether the defendant intends to drive it following his or her conviction.
As a result, a driver cannot avoid the requirement to have the ignition interlock device installed by choosing not to obtain a conditional license.
The only manner in which a defendant may totally avoid the requirement to have an ignition interlock device installed is to sell any motor vehicles owned and not drive for any purpose until the period during which the device would be required has expired.
In this situation, the court may require some evidence that the defendant actually does not own a motor vehicle, such as paperwork confirming that the defendant has sold his or her vehicle.
The rules that must be followed to continue driving after a DWI conviction can be very complicated.
If you need the help of an experienced DWI lawyer, call us at 716-631-9999.