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DUI NYS interlock law?

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needadviceny

Junior Member
NEW YORK

I posted here a while ago about some advise on a family member that got a dui. He gotten probation and they are asking for an interlock to be install on his car. the problem is that he doesnt have a car and most of the time uses my car. This was his first DUI and he isnt a heavy drinker just made a mistake driving that day. Is there anyway around an interlock system because im not going to install one on my car just so he can drive. i have help him out alot but this i wont do lol
 


BigMistakeFl

Senior Member
Interlock

If he is going to drive your car during the period of his probation including required interlock device, he will need to have one installed on your car. You will have to live up to the interlock requirements when you drive it too.

Me? I wouldn't let him drive my car anymore, period. You could be liable in civil court if he is sued by anyone he hurts while behind the wheel of your car.
 

You Are Guilty

Senior Member
If he is going to drive your car during the period of his probation including required interlock device, he will need to have one installed on your car. You will have to live up to the interlock requirements when you drive it too.

Me? I wouldn't let him drive my car anymore, period. You could be liable in civil court if he is sued by anyone he hurts while behind the wheel of your car.
"Could" be liable?? Let's put it this way. The difficult part of negligent entrustment cases is proving the owner "knew or should have known" of the reason why they shouldn't give their car to the other person. The other person being convicted of DUI means that proving knowledge is no longer an issue. It's even possible the owner's insurance company would disclaim coverage in those circumstances (depends on the policy exclusions).

On the spectrum of dumb ideas, helping a felon avoid a court-ordered interlock ranks up near the top.
 

xylene

Senior Member
To correctly answer your real question:

The State of New York CANNOT force YOU to install an ignition interlock on YOUR car.

If he can ONLY drive a car with an ignition interlock, then HE CANNOT drive your car.

Anything else is your voluntary choice.
 

BigMistakeFl

Senior Member
Your question

Your question "Is there anyway around an interlock system because im not going to install one on my car just so he can drive".

The answer is that there is not a way around it if he is going to drive your car during his probation. I can think of hundreds of reasons why I would not permit him to drive my car.

The law was modified to, among other things, apply on a statewide basis (Laws of New York, 2007, Chapter 669). The recent law also made the ignition interlock requirement apply to any vehicle the person owns or operates rather than only to those he operates on a regular basis.
 

xylene

Senior Member
YThe law was modified to, among other things, apply on a statewide basis (Laws of New York, 2007, Chapter 669). The recent law also made the ignition interlock requirement apply to any vehicle the person owns or operates rather than only to those he operates on a regular basis.
Yes this law restricts the convicted drivers priveldges.

By driving a non equipped vehicle the driver is in violation.

The poster is, who is not the convict will not be compel or face any criminal penalty for not installing.an interlock.

Further allowing the convict to drive it is not a criminal problem. It is the convicts problem.

Civil issues are another matter.
 

You Are Guilty

Senior Member
The poster is, who is not the convict will not be compel or face any criminal penalty for not installing.an interlock.
Don't be so sure. I'll dig up the citation later, but look up "criminal facilitation 4*". (Not that I'm saying it's likely, but it is possible).


{edit}
Pattern jury charge was 1st result in google:
http://www.nycourts.gov/cji/2-PenalLaw/115/115-00(1).pdf
http://www.nycourts.gov/cji/2-PenalLaw/115/115-08.pdf
 
Last edited:

BigMistakeFl

Senior Member
And...

And all I'm trying to say is, don't let the fool drive your car. Of course the car's owner is under no obligation to install interlock. The drunk friend is in trouble if he drives it without the interlock, and the OP could be in the doo-doo if the drunk friend hurts someone while driving the car with or without the device.

This is an easy one..... don't let him drive your car under any circumstances.
 

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