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56 | Driver’s Manual
The Ignition Interlock Program and of thousands of dollars and a maximum jail
Leandra’s Law term of 15 years.
Courts must order all persons convicted of • If you drive while your license is suspended
driving while intoxicated, aggravated driving while or revoked, you face a mandatory fine of
intoxicated, or of a penal law of which an alcohol $200 to $1000 and a mandatory jail term or
related violation of any provision of section 1192 probation. If impaired or intoxicated when
of the Vehicle & Traffic Law is an essential ele- you are arrested, the maximum mandatory
ment to install and maintain an ignition interlock fine is $5,000 and the vehicle can
on any vehicle owned or operated by such driver be seized.
for at least 12 months. (This device, purchased • Liability insurance may not cover the cost of
and installed at the expense of the motorist, is injuries and damage from a traffic crash. You
connected to a motor vehicle ignition system could be sued for thousands of dollars and
and measures the alcohol content of the breath you would find it difficult and expensive to
of the driver. The vehicle cannot be started until buy liability insurance for several years.
the driver provides an acceptable sample breath.)
The 12-month requirement may be waived by • Besides fines and surcharges, you could
the court if the defendant demonstrates that also face costly legal fees.
the interlock device was installed for at least six • You could have a criminal record, which
months, unless the court orders the interlock makes it harder to get a job or move forward
device to be installed for a longer period of time.
The judge also must order an alcohol assessment in your job.
for a repeat offender. If the assessment indicates HOW TO AVOID TROUBLE
alcohol treatment is necessary, the judge may be
required to order the completion of treatment as a You are not likely to worry about the results of
condition of probation. your actions while you are impaired or intoxicat-
Drivers who commit these alcohol-related ed. The time to consider them, and how to
offenses with a child under 16 years old in the prevent them, is before you become impaired
vehicle may be charged with a class E felony, or intoxicated.
punishable by up to four years in prison. (This is • If you go to events with the same group of
known as Leandra’s Law.) friends, rotate drivers. Each friend takes a
The law also makes it a felony to drive drunk turn being the “designated driver” who does
with a conditional license, which is a license that not drink any alcohol.
may be issued by the DMV when someone is • Arrange to remain overnight or ride home
convicted of an alcohol-related offense. Such a with a friend who does not drink.
license may be used only for driving to and from
essential destinations such as school, work and • Before you drink, give your car keys to a
medical appointments. The conditional driver friend who does not drink and who will not
license will be revoked if the motorist does not let you drive after you drink.
comply with the court terms or for a conviction
for any traffic offense except parking, stopping • Call a cab or use public transportation.
or standing.
• Drink slowly. Alternate between drinks with
A FEW IMPORTANT REMINDERS alcohol and drinks without any alcohol.
• Do not make alcohol the focus of your event.
• If you kill or cause an injury to another
person because of an alcohol or other • If you have had too much alcohol, stop
drug-related violation, you can be convicted drinking several hours before you intend
of criminally negligent homicide, vehicular
manslaughter or assault. These carry a fine to leave so your body can begin to lower
your BAC