New York State residents who are placed under arrest for DWI offenses might have a vague notion of the penalties they will face if they are convicted. Depending on the circumstances, the potential consequences can include hefty fines, a suspension of driving privileges and even a jail sentence. However, there are other penalties that can be assessed and people are frequently unaware of them. In addition, there are subsets of the law that drivers might not know about. A penalty that is often ignored is the ignition interlock device. A law that can cause longer-term problems is called Leandra’s Law.
The court will order anyone who was convicted of DWI or aggravated DWI to install and maintain an ignition interlock device onto the person’s vehicle or a vehicle that he or she drives regularly. This will be in place for a minimum of one year. The driver will be responsible for the purchase, installation and maintenance of the device. It connects to the ignition and the driver is required to blow into it to check the blood-alcohol content before the vehicle starts. It is possible that the rule that it be installed for one year be cut in half that with no incidents.
Leandra’s Law is when there is a driver who commits DWI offenses with a person younger than 16 in the vehicle. If there is a conviction on this charge, it will be a class E felony and the penalties can rise to as many as four years in jail. It is also a felony to drive under the influence while on a conditional license. A conditional license is given to a person who was convicted of an offense related to DWI. The conditional license generally allows the person to drive to places where he or she must go as part of a daily routine such as work, school or for medical care. Failing to comply can result in the license being revoked.
People who are stopped by law enforcement for a DWI investigation need to be cognizant of the litany of penalties they might face if they are convicted. It is possible that law enforcement did not initiate the stop according to protocol or there was an issue with the testing procedures. Discussing the matter with a drunk driving attorney can help to lodge a defense.
Source: dmv.ny.gov, “The Consequences — The Ignition Interlock Program and Leandra’s Law,” accessed on April 11, 2017
"All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."
"I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."
"Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."
"I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"
"Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."
Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!