2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto › 1198 - Installation and Operation of Ignition Interlock Devices.

* § 1198. Installation  and  operation  of ignition interlock devices.
1. Applicability. The provisions of this section shall apply  throughout
the  state  to each person required or otherwise ordered by a court as a
condition of probation or conditional discharge to install  and  operate
an  ignition  interlock  device  in  any vehicle which he or she owns or
operates.
2. Requirements. (a) In addition to any other penalties prescribed  by
law, the court shall require that any person who has been convicted of a
violation  of  subdivision two, two-a or three of section eleven hundred
ninety-two of this article, or any crime defined by this chapter or  the
penal  law  of  which  an  alcohol-related violation of any provision of
section eleven hundred  ninety-two  of  this  article  is  an  essential
element,  to  install  and  maintain,  as  a  condition  of probation or
conditional  discharge,  a  functioning  ignition  interlock  device  in
accordance  with  the  provisions of this section and, as applicable, in
accordance with the provisions of subdivisions one and one-a of  section
eleven  hundred  ninety-three  of  this  article; provided, however, the
court may not authorize the operation of a motor vehicle by  any  person
whose  license  or privilege to operate a motor vehicle has been revoked
except as provided herein. For any such individual subject to a sentence
of probation, installation and maintenance of  such  ignition  interlock
device shall be a condition of probation.
(b)  Nothing  contained  in  this section shall prohibit a court, upon
application by a probation department, from modifying the conditions  of
probation  of  any  person  convicted  of  any  violation  set  forth in
paragraph (a) of this subdivision prior to the effective  date  of  this
section,  to  require  the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter  be  subject
to the provisions of this section.
(c)  Nothing  contained  in  this  section  shall authorize a court to
sentence any person to a period of probation  or  conditional  discharge
for  the  purpose  of  subjecting  such person to the provisions of this
section, unless such person would have otherwise been so eligible for  a
sentence of probation or conditional discharge.
3.  Conditions.  (a)  Notwithstanding  any other provision of law, the
commissioner may grant a post-revocation  conditional  license,  as  set
forth  in  paragraph  (b)  of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three  of  section
eleven  hundred ninety-two of this article and who has been sentenced to
a period of probation or conditional discharge, provided the person  has
satisfied  the  minimum  period of license revocation established by law
and the commissioner has been notified that such person may operate only
a motor vehicle equipped with a functioning ignition  interlock  device.
No  such  request  shall  be  made  nor shall such a license be granted,
however, if such person has been found by a court to  have  committed  a
violation  of  section  five  hundred  eleven of this chapter during the
license revocation period or deemed by a  court  to  have  violated  any
condition  of  probation or conditional discharge set forth by the court
relating to the operation of a  motor  vehicle  or  the  consumption  of
alcohol.  In  exercising  discretion  relating  to  the  issuance  of  a
post-revocation conditional license pursuant to  this  subdivision,  the
commissioner  shall  not deny such issuance based solely upon the number
of convictions for violations  of  any  subdivision  of  section  eleven
hundred  ninety-two  of this article committed by such person within the
ten years prior to application for such license. Upon the termination of
the period of probation or conditional discharge set by the  court,  the
person  may  apply  to  the commissioner for restoration of a license or
privilege to operate a motor vehicle in accordance with this chapter.
(b) Notwithstanding any inconsistent  provision  of  this  chapter,  a
post-revocation conditional license granted pursuant to paragraph (a) of
this  subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from  the  holder's  place  of  employment,  (2)  if  the
holder's  employment  requires  the  operation  of  a motor vehicle then
during the hours thereof, (3) enroute to and from a class or  course  at
an  accredited  school,  college  or  university  or at a state approved
institution of vocational or technical training, (4) to and  from  court
ordered probation activities, (5) to and from a motor vehicle office for
the  transaction  of  business relating to such license, (6) for a three
hour consecutive daytime period, chosen by  the  department,  on  a  day
during  which  the  participant  is  not  engaged in usual employment or
vocation, (7) enroute to and from a medical examination or treatment  as
part  of a necessary medical treatment for such participant or member of
the participant's household, as evidenced by a written statement to that
effect from a licensed medical practitioner, (8) enroute to and  from  a
class or an activity which is an authorized part of the alcohol and drug
rehabilitation   program   and  at  which  participant's  attendance  is
required, and (9) enroute to and from a place, including  a  school,  at
which  a child or children of the participant are cared for on a regular
basis and which is  necessary  for  the  participant  to  maintain  such
participant's  employment or enrollment at an accredited school, college
or university or at  a  state  approved  institution  of  vocational  or
technical training.
(c)   The   post-revocation  conditional  license  described  in  this
subdivision may be revoked by  the  commissioner  for  sufficient  cause
including  but  not  limited to, failure to comply with the terms of the
condition of probation or conditional discharge set forth by the  court,
conviction  of  any  traffic  offense  other than one involving parking,
stopping or standing or  conviction  of  any  alcohol  or  drug  related
offense, misdemeanor or felony or failure to install or maintain a court
ordered ignition interlock device.
(d)  Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge,  the  installation
of  a  functioning  ignition  interlock  device  in any vehicle owned or
operated by a person sentenced  for  a  violation  of  subdivision  two,
two-a, or three of section eleven hundred ninety-two of this chapter, or
any  crime  defined  by  this  chapter  or  the  penal  law  of which an
alcohol-related violation of any provision  of  section  eleven  hundred
ninety-two  of this chapter is an essential element, if the court in its
discretion, determines that such a condition is necessary to ensure  the
public safety. Imposition of an ignition interlock condition shall in no
way  limit  the effect of any period of license suspension or revocation
set forth by the commissioner or the court.
(e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed  by  law,
including treatment for alcohol or drug abuse, restitution and community
service.
(f) The commissioner shall note on the operator's record of any person
restricted  pursuant  to  this  section  that,  in addition to any other
restrictions, conditions or limitations, such person may operate only  a
motor vehicle equipped with an ignition interlock device.
4.  Proof  of  compliance  and recording of condition.   (a) Following
imposition by the court of the use of an ignition interlock device as  a
condition  of  probation  or  conditional discharge it shall require the
person to provide proof of compliance with this section to the court and
the probation department or other monitor where  such  person  is  under
probation  or  conditional discharge supervision. If the person fails to

provide for such proof of installation, absent a finding by the court of
good cause for that failure which is entered in the  record,  the  court
may  revoke,  modify, or terminate the person's sentence of probation or
conditional  discharge  as provided under law.  Good cause may include a
finding that the person is not the owner of  a  motor  vehicle  if  such
person asserts under oath that such person is not the owner of any motor
vehicle and that he or she will not operate any motor vehicle during the
period  of  interlock  restriction except as may be otherwise authorized
pursuant to law. "Owner" shall have the  same  meaning  as  provided  in
section one hundred twenty-eight of this chapter.
(b) When a court imposes the condition specified in subdivision one of
this  section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the  commissioner  shall  note  such
condition  on  the  operating  record  of  the  person  subject  to such
conditions.
5. Cost, installation and maintenance.  (a) The cost of installing and
maintaining the ignition interlock device shall be borne by  the  person
subject  to  such  condition  unless the court determines such person is
financially unable to afford  such  cost  whereupon  such  cost  may  be
imposed  pursuant  to  a  payment plan or waived.   In the event of such
waiver, the cost of  the  device  shall  be  borne  in  accordance  with
regulations  issued  under  paragraph  (g) of subdivision one of section
eleven hundred ninety-three of this article or pursuant  to  such  other
agreement  as may be entered into for provision of the device. Such cost
shall be considered a fine for  the  purposes  of  subdivision  five  of
section  420.10  of  the  criminal  procedure  law.  Such cost shall not
replace, but shall instead be in addition to, any fines, surcharges,  or
other costs imposed pursuant to this chapter or other applicable laws.
(b)  The  installation  and  service  provider  of the device shall be
responsible for the installation, calibration, and maintenance  of  such
device.
6.  Certification.  (a)  The  commissioner of the department of health
shall approve ignition interlock devices for  installation  pursuant  to
subdivision  one  of  this  section and shall publish a list of approved
devices.
(b)  After  consultation  with  manufacturers  of  ignition  interlock
devices  and  the  national  highway  traffic safety administration, the
commissioner of the department  of  health,  in  consultation  with  the
commissioner  and the office of probation and correctional alternatives,
shall promulgate  regulations  regarding  standards  for,  and  use  of,
ignition  interlock devices. Such standards shall include provisions for
setting a minimum and maximum calibration range and shall  include,  but
not be limited to, requirements that the devices:
(1)  have  features  that make circumventing difficult and that do not
interfere with the normal or safe operation of the vehicle;
(2) work accurately and reliably in an unsupervised environment;
(3) resist tampering and give evidence if tampering is attempted;
(4) minimize inconvenience to a sober user;
(5) require a proper, deep,  lung  breath  sample  or  other  accurate
measure of blood alcohol content equivalence;
(6) operate reliably over the range of automobile environments;
(7)  correlate  well with permissible levels of alcohol consumption as
may be established by the sentencing court or by any provision  of  law;
and
(8)   are  manufactured  by  a  party  covered  by  product  liability
insurance.
(c)  The  commissioner  of  the  department  of  health  may,  in  his
discretion,  adopt  in  whole  or  relevant part, the guidelines, rules,

regulations, studies, or independent laboratory tests performed  on  and
relied  upon  for  the  certification  or approval of ignition interlock
devices by other states, their agencies or commissions.
7.  Use  of other vehicles. (a) Any requirement of this article or the
penal law that a person operate a vehicle only if it is equipped with an
ignition interlock device shall apply to every motor vehicle operated by
that person including, but not limited to,  vehicles  that  are  leased,
rented or loaned.
(b)  No person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have had his or her driving  privilege  restricted  to
vehicles  equipped  with an ignition interlock device unless the vehicle
is so equipped. Any person whose  driving  privilege  is  so  restricted
shall  notify  any  other  person  who  rents,  leases, or loans a motor
vehicle to him or her of such driving restriction.
(c) A violation of paragraph (a) or (b) of this subdivision shall be a
misdemeanor.
8. Employer vehicle. Notwithstanding the provisions of subdivision one
and paragraph (d) of subdivision nine of this section, if  a  person  is
required  to  operate a motor vehicle owned by said person's employer in
the course and scope of his or her employment, the  person  may  operate
that  vehicle  without  installation  of  an approved ignition interlock
device only in the course and scope of such employment and only  if  the
employer  has been notified that the person's driving privilege has been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation department with written documentation indicating the  employer
has  knowledge of the restriction imposed and has granted permission for
the person to operate the employer's vehicle without the device only for
business purposes. The person shall notify the court and  the  probation
department of his or her intention to so operate the employer's vehicle.
A  motor vehicle owned by a business entity which business entity is all
or partly owned or controlled by  a  person  otherwise  subject  to  the
provisions of this article or the penal law is not a motor vehicle owned
by  the  employer  for  purposes  of  the  exemption  provided  in  this
subdivision. The provisions of this subdivision shall apply only to  the
operation of such vehicle in the scope of such employment.
9.  Circumvention  of  interlock  device.  (a) No person whose driving
privilege is restricted pursuant to this article or the penal law  shall
request,  solicit  or  allow  any  other person to blow into an ignition
interlock device, or to start a motor vehicle equipped with the  device,
for  the  purpose of providing the person so restricted with an operable
motor vehicle.
(b) No person shall blow into an ignition interlock device or start  a
motor  vehicle  equipped with the device for the purpose of providing an
operable motor vehicle  to  a  person  whose  driving  privilege  is  so
restricted.
(c)  No  person  shall tamper with or circumvent an otherwise operable
ignition interlock device.
(d) No person subject to a court  ordered  ignition  interlock  device
shall operate a motor vehicle without such device.
(e)  In  addition to any other provisions of law, any person convicted
of a violation of paragraph (a), (b), (c), or (d)  of  this  subdivision
shall be guilty of a Class A misdemeanor.
10.  Warning  label.  The  department of health shall design a warning
label which the manufacturer shall  affix  to  each  ignition  interlock
device upon installation in the state. The label shall contain a warning
that  any  person  tampering,  circumventing,  or otherwise misusing the
device is guilty of a misdemeanor and may be subject to civil liability.
* NB Repealed September 1, 2025