Ignition Interlock Device Violations

Blowing into the Ignition Interlock Device while alcohol is in your system will almost always result in a violation. Ignition Interlock violations are also violations of your conditional discharge.

When you violate your conditional discharge, the judge will typically issue a criminal summons and bring you back to court. If the judge finds that you violated your conditional discharge by consuming alcohol, or by violating the terms of your Ignition Interlock requirement, she can resentence you on your original charge - the DWI.

In other words, it's as if you are going back to court to be sentenced on the DWI, but there is no longer a plea deal in place.

The judge could sentence you to weekends in jail, or straight time in jail (up to one year for misdemeanors), or probation (three years for misdemeanors). At a minimum, you are definitely facing an extension of time during which you have to have the Ignition Interlock Device on your vehicle. (You can't have the IID removed until you have gone six months without a violation.)

P. Adam Militello, Esq.

The new sentence varies from court to court. In Rochester City Court, some judges will immediately take you into custody when you appear to answer the criminal summons. They will put you into jail over the weekend, and schedule a hearing for Monday morning. When Monday morning rolls around they will tell you that if you admit to the violation, they will sentence you to time served. This effectively turns the concept of "innocent until proven guilty" on its head, and punishes you before you have had a chance to explain what happened.

Other courts are more lenient. They might keep the proceedings on hold and require you to get a new substance abuse assessment. If you follow the recommended treatment, there might be no jail time. Or perhaps they will just extend the time for your Ignition Interlock Device.

We handle IID violations regularly, and we can help reduce the consequences of a violation. Clients who hired us for the original DWI pay a reduced flat rate on IID violations. Call us today for help. (585) 485-0025.

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128