[Adopted 12-7-2010 by L.L. No. 8-2011]
A.Â
This Legislature finds and determines that alcohol-related motor
vehicle accidents kill an enormous number of people in the United
States each year. Many drivers involved in alcohol-related accidents
have been arrested previously for driving while intoxicated or driving
while under the influence of alcohol. It is of major importance to
the citizens of this County that measures be taken to prevent driving
while intoxicated and driving while under the influence.
B.Â
This Legislature further finds and determines that in November 2009
the National Highway Traffic Safety Administration reported:
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Alcohol-impaired driving takes an enormous toll in the United
States, killing approximately one person every 40 minutes. Despite
continued efforts by enforcement, the judiciary, advocates and governmental
agencies, nearly 13,000 people were killed in alcohol-impaired-driving
crashes in 2007 (NHTSA 2008a). This number has remained remarkably
stable for almost two decades after alcohol-involved fatalities declined
significantly in the 1980s and early-to-mid 1990s.
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Many drivers involved in fatal alcohol-impaired-driving crashes
have been arrested previously for driving while intoxicated (DWI).
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In 2007, drivers with a blood alcohol concentration (BAC) of
0.08 gram per deciliter or higher in fatal crashes were eight times
more likely to have a prior conviction for driving while impaired
than were drivers with no alcohol (NHTSA 2008a).
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The prevention of impaired driving is critical to reducing alcohol-impaired-driving
deaths and injuries. More than 14,600,000 drivers were arrested in
the United States in 2006 for driving under the influence of alcohol
or narcotics. This number represents an arrest rate of one DWI arrest
for every 139 licensed drivers in the United States (NHTSA 2008b).
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Technology presents exciting possibilities in the area of impaired-driving
prevention. One promising strategy is the breath alcohol ignition
interlock device (BAIID). A BAIID, or more simply an ignition interlock,
is an after-market technology device installed in a motor vehicle
to prevent a driver from operating the vehicle if the driver has been
drinking. Before starting the vehicle, a driver must breathe into
the device and if the driver's BAC is over a preset limit, the ignition
interlock will not allow the vehicle to start.
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Research shows that ignition interlocks reduce recidivism among
both first-time and repeat DWI offenders, with reductions in subsequent
DWI arrests ranging from 50% to 90% while the interlock is installed
on the vehicle (Voas and Marques, 2003; Willis et al, 2005; Vezina,
2002; Tippetts and Voas, 1997; Coben and Larkin, 1999).
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Ignition Interlocks — What You Need to Know, p. 1
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C.Â
This Legislature further finds and determines that on August 15,
2010, provisions of New York law went into effect requiring the installation
and operation of breath alcohol ignition interlock devices (New York
Vehicle and Traffic Law § 1198). The law requires, in general,
that a person who has been convicted of an alcohol-related driving
offense shall be required to install and maintain, as a condition
of probation or conditional discharge, a functioning ignition interlock
device in his or her vehicle. After the driver has blown into the
device, if the operator's breath alcohol content is detected to be
over a preset limit, the ignition interlock will prevent the car from
starting.
D.Â
This Legislature further finds and determines that although the law
and supporting regulations require basic standards for interlock devices,
many devices are on the market and contain various features. For example,
Part 358 of Title 9 of the New York Codes, Rules and Regulations requires,
in relevant part, that a manufacturer interested in becoming a certified
ignition interlock device provider must state in its application descriptive
information about its device, including, but not limited to, the make
and model of the device, special features of the device such as photographic
technology, reporting capabilities, global positioning, and real-time
or next-day reporting. In the interest of public safety, certain device
features should be required in any interlock devices utilized by the
County as part of its ignition interlock program.
E.Â
Therefore, the purpose of this article is to establish minimum ignition
interlock device features for all offenders sentenced to a period
of probation or given a conditional discharge that includes the installation
of a breath alcohol ignition interlock device as part of sentencing.
The Director of the Suffolk County Probation Department is hereby
authorized, empowered and directed to require that all offenders sentenced
to a period of probation or given a conditional discharge that includes
the installation of a breath alcohol ignition interlock device as
part of sentencing use only interlock devices that contain the following
features:
This article shall apply to any and all actions occurring on
or after the effective date of this article.
