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What Are the Laws Regarding A DWI Conviction in New York?

Does New York Have The Interlock Ignition System? Are They Expensive?

Everybody in New York, by statute, who is convicted either by pleading guilty to the charge or after a DUI trial, in New York, is referred to as a DWI that is Driving under the Influence, not Driving While Impaired. That is the actual Driving While Intoxicated statute that is either by the common law of a police officer or law enforcement person’s observation and opinion, or by having some sort of a breath alcohol reading. Alternately, a blood alcohol reading is mandated to have what is referred to as the Interlock in their car.

The interlock is basically a breath device that is attached in the car that a person must blow into not only to get the car started but periodically, while the car is running and being driven. The driver, who is driving the car at the time, must continue to blow into that. There is a camera attached, so whoever is monitoring it, can pull up and see that the same person who started the car is the person who is driving the car. People cannot try and fool these things by having their sober friend blow into it and then they get to drive drunk. The government has really spent a lot of time to try and alleviate that, but there is a cost of installation because it actually gets installed into the car. There is a cost for maintenance, a monthly fee that gets paid for this and there is a removal fee and a security deposit as well. Also, when this machine has a breakdown needs maintenance or cleaning etc., those fees are included.

What Is A SCRAM Device? Is That Expensive?

A SCRAM device is expensive. That is also used. There is also the maintenance and a monthly fee included. Not to mention the embarrassment that is associated with this situation. And depending on what time of year it is, the person can be seeing wearing an ankle device. During the summer time, people do not want others to see it so maybe they are not going to the beach or they are not going into the swimming pool. Also, they are not very accurate. When there is a malfunction or what is referred to as a false positive reading on it, then you can expect legal fees to help defend what the instrument has said, whether be a SCRAM device or the interlock device.

If Someone Is Convicted Of A DWI And Was In An Accident That Caused An Injury, Can Health Insurance Ever Deny Or Limit The Coverage Or Recovery In New York?

Talking about health insurance, in New York, every time that you have an accident, you should have a contract with the insurance company. Depending on the type of insurance you have on your automobile, whether it is just collision, just liability or a full combination of both, in unleased vehicles and vehicles that have car loans, there is a provision that you are not going to use the car to commit a crime. The theory from insurance companies is that a DWI is a crime in itself, because that is what the legislature called it, but by operating the motor vehicle, the car is the instrument in the crime. You cannot commit a DWI unless you are in the car. If the car is insured, you are now in a Breach of Contract, and insurance companies can, if they find, disclaim.

If there are injuries or damages, the insurance company under certain circumstances can turn around and say, “We are not going to cover you, we are not going to give you a defense, we are not going to fix your car and we are not going to provide medical coverage to you”. I have not seen an insurance company refuse to give medical coverage to an injured party in your car, for instance, but I have seen insurance companies who do try to say, “We are not going to provide you with legal coverage, you have to defend yourself because you have a conviction for the DWI in this case”. So you may need multiple attorneys and be fighting on multiple sides. If there is any kind of injuries or fatalities, not only do you run the risk of having a DUI case, but the case can turn into being a manslaughter case or even a murder case. People have been charged with murder in New York for having a fatality involved in a car accident when alcohol is also involved in it.

If you need information about the Laws Regarding a DWI Conviction in New York, call Grizopoulos & Portz, P.C. for a FREE Initial Consultation at (516) 679-0400 and get the information and legal answers you’re seeking.