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Yes, you can face serious criminal charges under NY VTL § 1198 for circumventing an ignition interlock device. This can include asking someone else to blow into your IID, tampering with the device, or driving a vehicle without your required IID. Violations of VTL § 1198(9)(a)–(d) are Class A misdemeanors, which can carry up to 364 days in jail and up to a $1,000 fine, plus required surcharges and fees. A conviction also creates a criminal record, and some people may be eligible to apply to seal certain convictions later, but sealing is not automatic.
At The Kugel Law Firm, our DWI lawyers in Manhattan defend drivers facing IID circumvention charges throughout Harlem, New York City, and New York. We handle cases at Manhattan Criminal Court at 100 Centre Street and help clients understand their rights under the New York Vehicle and Traffic Law. Work with Rachel Kugel and our team for experienced legal representation.
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This guide explains what actions violate New York’s IID circumvention law, the penalties you face if convicted, available legal defenses, and what you need to know about IID monitoring requirements in Manhattan.
An ignition interlock device (IID) is a breathalyzer installed in your car that prevents the engine from starting if it detects too much alcohol on your breath. You must blow into the device before starting your vehicle.
The IID measures your breath alcohol concentration (BAC). If your BAC is .025% or higher, the car won’t start. While driving, the device may ask for random breath samples. If you don’t provide a sample when prompted, the IID records it and may trigger an alarm or honking until you turn off the ignition or provide a clean sample.
Courts typically order IIDs for drivers convicted of Driving While Intoxicated (DWI) or certain alcohol-related offenses in New York. Installation and removal each cost around $200, plus about $100 per month for monitoring. If you’re convicted of DWI or aggravated DWI, you’re generally required to install an IID in any vehicle you own or operate for at least 12 months.
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New York Vehicle and Traffic Law (NY VTL) § 1198 makes four specific actions illegal. These violations target people who try to bypass the IID system. Each one can result in criminal charges.
Cases involving these violations may be handled in New York City Criminal Court, including Manhattan Criminal Court at 100 Centre Street, depending on where the arrest or summons is filed.
Key Takeaway: You violate VTL § 1198 by requesting someone to bypass your IID, helping someone else bypass their device, tampering with the equipment, or driving without your required IID. All four actions are separate criminal offenses.
| Law Section | Prohibited Action | Possible Penalties |
|---|---|---|
| VTL § 1198(9)(a) | Asking or allowing another person to blow into your ignition interlock device | Class A misdemeanor; up to 364 days in jail, up to $1,000 fine, plus surcharges and fees |
| VTL § 1198(9)(b) | Blowing into or helping someone else start a vehicle with an ignition interlock device | Class A misdemeanor; up to 364 days in jail, up to $1,000 fine, plus surcharges and fees |
| VTL § 1198(9)(c) | Tampering with, disabling, or interfering with an ignition interlock device | Class A misdemeanor; up to 364 days in jail, up to $1,000 fine, plus surcharges and fees |
| VTL § 1198(9)(d) | Driving a vehicle without the required ignition interlock device installed | Class A misdemeanor; up to 364 days in jail, up to $1,000 fine, plus surcharges and fees |
IID circumvention under NY VTL § 1198(9) is a Class A misdemeanor. A conviction can result in up to 364 days in jail and up to a $1,000 fine, plus additional surcharges and fees. Your license may also face consequences, and a post-revocation conditional license can be revoked for “sufficient cause,” including failure to properly install or maintain a court-ordered IID.
A misdemeanor conviction creates a criminal record that can show up on background checks. In some situations, people may be eligible to apply to seal certain convictions after the waiting period, but the court must approve it.
If you were on probation when you violated VTL § 1198, the violation can trigger probation revocation. You could face the original sentence plus new penalties.
These cases can be treated seriously because they involve alleged violations of a court-ordered restriction. New York State DMV also has a Harlem office at 5 West 125th Street.
Key Takeaway: IID circumvention under NY VTL § 1198(9) is a Class A misdemeanor that can lead to up to 364 days in jail, up to a $1,000 fine (plus surcharges/fees), license consequences (including possible revocation of a post-revocation conditional license for “sufficient cause”), and a criminal record. If you’re on probation, it can also trigger probation revocation and additional penalties.
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Rachel Kugel Esq. and the team at The Kugel Law Firm focus on defending good people charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) of alcohol or drugs. With a practice built around DWI defense, Rachel stays at the forefront of evolving strategies designed to protect your license, your record, and your future.
Rachel is a member of the National College of DWI Defense and the DUI Defense Lawyers Association, organizations dedicated to advancing the highest standards in DWI advocacy. She has also been invited to speak on DWI defense and the business of law through respected platforms and legal groups, including AVVO “Lawyernomics,” the NJ Bar Association, and Garden State CLE.
The Kugel Law Firm is AVVO-rated and has been recognized as a Rising Star SuperLawyer for three consecutive years, giving you added confidence that you’re choosing a trusted, experienced defense team when it matters most.
Yes, several defenses can defeat VTL § 1198 charges. The right defense depends on your specific situation.
One common defense is challenging whether prosecutors can prove all the required elements of the charge. For example, VTL § 1198(9)(a) and (b) require proof that you acted “for the purpose of providing an operable vehicle.” The state must prove this purpose beyond a reasonable doubt. Other charges focus on whether you were actually required by a court to have an IID and what happened with the device or vehicle.
Device malfunction provides another strong defense. IIDs sometimes fail due to technical problems, not driver actions.
Emergency situations may also provide a defense. If you faced a medical emergency or safety threat and had no reasonable alternative, the court may reduce or dismiss charges.
Unauthorized access by another person can also serve as a defense. If someone used your vehicle without permission and violated the IID requirement, you should not face charges.
Manhattan attorneys at The Kugel Law Firm handle IID cases throughout New York. We review IID monitoring records, maintenance logs, and witness statements to build strong defenses. Our lawyers appear regularly at Manhattan Criminal Court and understand how local prosecutors handle these cases.
IID monitoring in Manhattan follows strict New York state requirements. Your device records every breath test and driving event.
You must bring your vehicle for regular service appointments scheduled by your installer. Missing an appointment can be reported as a violation to the court or district attorney, depending on your case.
The device also requires random breath tests while you’re driving, called “rolling retests.” These help show you’re following the rules during your trip.
Manhattan has certified providers throughout the area for IID service. Costs typically include around $200 for installation and removal, plus about $100 per month while the device is installed. If you cannot afford these fees, you may be able to request a fee waiver from the court.
If your monitoring agency (like the District Attorney’s Office, a county STOP-DWI program, or probation) reports a violation, the court can take action. For drivers with a post-revocation conditional license, the DMV may revoke it for “sufficient cause,” which can include not installing or maintaining a court-ordered IID.
Key Takeaway: IIDs record all breath tests and driving activity. Missed tests or service appointments can be reported to your monitoring agency. If you have a post-revocation conditional license, failing to properly install or maintain your IID can lead to license revocation by the DMV.
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If you’re facing charges for getting around an ignition interlock device (IID) under NY VTL § 1198, your freedom and privilege to drive are at risk. You need legal help from someone who understands how IID systems work and how criminal courts operate.
The Kugel Law Firm defends drivers charged with IID violations throughout Manhattan, Harlem, and New York City. Our experienced New York DWI lawyers appear regularly at Manhattan Criminal Court at 100 Centre Street and handle DMV proceedings at the Harlem office on 125th Street.
Contact The Kugel Law Firm today at (212) 372-7218 for a free strategy session.
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