NEW YORK, NY - Drivers who attempt to bypass court-ordered ignition interlock devices face serious criminal penalties under New York law, including up to a year in jail and lasting impacts on their driving privileges. Manhattan DWI attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/circumvention-of-interlock-device-1198/) explains the legal consequences and defense options available to those charged with violating NY VTL § 1198.
According to Manhattan DWI attorney Rachel Kugel, violations of VTL § 1198(9) are prosecuted as Class A misdemeanors, carrying potential sentences of up to 364 days in jail and fines of up to $1,000, plus mandatory surcharges and fees. The statute targets four specific actions: requesting another person to blow into the device, assisting someone else in bypassing their device, tampering with or disabling the equipment, and operating any vehicle without the court-ordered device installed.
Manhattan DWI attorney Rachel Kugel notes that these charges often arise in cases where drivers are already under court supervision following DWI convictions. "Many people don't realize that violating the ignition interlock requirement creates a separate criminal offense with its own penalties," explains Kugel. "Even asking someone once to help you start your car can result in criminal charges."
The consequences extend beyond the courtroom. Kugel emphasizes that individuals with post-revocation conditional licenses face particular vulnerability. For drivers holding these limited licenses, the DMV may revoke driving privileges for "sufficient cause," which includes failure to properly install or maintain a court-ordered ignition interlock device. This administrative action occurs separately from any criminal penalties imposed by the court.
Ignition interlock devices function as breathalyzers connected to vehicle ignition systems. The equipment prevents engine starting if it detects a breath alcohol concentration of .025% or higher. During operation, the device periodically requires random breath samples known as "rolling retests." Failure to provide samples when prompted generates recorded violations that monitoring agencies report to courts or prosecutors.
Installation typically costs around $200, with removal fees of similar amounts. Monthly monitoring fees average approximately $100. Courts generally mandate these devices for at least 12 months following DWI or aggravated DWI convictions. Drivers must attend regular service appointments scheduled by certified installers, and missed appointments can be reported as violations.
"The monitoring system is comprehensive," notes Kugel. "Every breath test, every driving event, every missed service appointment gets recorded and can be used against you if violations are alleged."
Cases involving ignition interlock circumvention are typically handled at Manhattan Criminal Court at 100 Centre Street. Prosecutors must prove specific elements depending on which subsection of VTL § 1198(9) applies. For charges under subsections (a) and (b), the state bears the burden of demonstrating that actions were taken "for the purpose of providing an operable vehicle."
Defense strategies in these cases often focus on challenging the prosecution's evidence. Attorney Kugel explains that device malfunctions provide viable defenses when technical problems, rather than driver actions, caused reported violations. Emergency circumstances may also support dismissal or reduction of charges when defendants faced medical crises or safety threats with no reasonable alternatives. Additionally, unauthorized vehicle access by others can negate criminal liability when someone used the defendant's car without permission.
The firm reviews ignition interlock monitoring records, maintenance logs, and witness statements when building defenses. "We examine every detail of how the device functioned and what the records actually show," Kugel adds. "Sometimes what looks like circumvention is actually equipment failure or a misunderstanding of the requirements."
Individuals charged with these violations also face the risk of probation revocation if they were already serving probationary sentences when the alleged circumvention occurred. This can result in imposition of the original sentence plus additional penalties for the new offense.
A conviction creates a permanent criminal record visible on background checks. While New York allows eligible individuals to apply for sealing of certain convictions after waiting periods, this process requires court approval and is not automatic. The criminal record can affect employment opportunities, professional licensing, and housing applications.
For those facing ignition interlock circumvention charges in Manhattan, legal representation provides critical protection of rights throughout the criminal process. The Kugel Law Firm handles these cases regularly at Manhattan Criminal Court and in DMV proceedings at the Harlem office located at 5 West 125th Street.
About The Kugel Law Firm:
The Kugel Law Firm is a New York-based law firm focused on defending individuals charged with DWI and DUI offenses. Led by attorney Rachel Kugel, a member of the National College of DWI Defense and the DUI Defense Lawyers Association, the firm represents clients throughout Manhattan, Harlem, and New York City. For consultations, call (212) 372-7218.
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Company Name: The Kugel Law Firm
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Phone: (212) 372-7218
Address:111 E 125th St 2nd Fl
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State: New York 10035
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Website: https://thekugellawfirm.com/new-york-dwi-lawyer/
