My Personal Finance Blog

The state of New York has a struck another blow in its war on drunk driving. Recently a new law was passed that requires anyone convicted of a DWI to have a breathalyzer-like device installed in their vehicle, requiring them to pass a sobriety test in order to start their car’s engine. This law is the 2nd part of the law named after Leandra Rosado and dubbed Leandra’s Law to be put in place. The first part of Leandra’s Law was enacted in December 2009. It made the act of driving over the legal limit a felony in the state of New York when a child younger than 15 was riding in the offender’s vehicle.

“This is another measure to stop an epidemic in New York State – to stop drunk driving,” said state Sen. Charles Fuschillo (R-L.I.), one of the law’s sponsors. “It takes away judicial discretion, and it requires a mandatory interlock.” It has been reported that 248 arrests have been made in the first 6 months since part one of Leandra’s Law took effect, and it is safe to assume that many more will follow with the law intensifying.

Nine other states have laws on the books requiring breathalyzer devices to be installed to start the cars of DWI offenders. New York’s implementation of the law does differ from the other states however. In New York, it does not matter whether the person was convicted of a misdemeanor or a felony DWI. The device is required after the first conviction, an important difference a Manhattan accident attorney notes. The severity of the DWI does come into play when determining the length that the device must be installed. A misdemeanor calls for a minimum of six months and a maximum of three years, while a felony caps out at five years with the same six-month minimum as a misdemeanor.

The official name of the mandatory device is an ignition interlock device, but it is sometimes referred to as a breathalyzer device or a breathalyzer-like device, as it functions similarly as a Breathalyzer. The driver of the automobile must supply an alcohol-free breath sample every time they wish to operate their vehicle. The ignition interlock device will also randomly require the driver to submit another sample of their breath. A Manhattan accident attorney explains that this done to prevent the driver from having someone else blow for them to start the vehicle.

In addition to the multiple breath samples it requires, the ignition interlock device is extremely sensitive. In fact, drivers with anything greater or equal to a .025 blood alcohol content reading will flunk, this despite the legal limit for driving in New York being .08. This is done because DWI offenders in the state of New York are not allowed to have any alcohol in their before driving. Don Prudente, the owner of DriveSafe Ignition Interlock of New York, an ignition interlock device supplier claims that, “It’s so sensitive, it picks up what they did the night before. It picks up their hangover.” These devices are expected to cost between $170 to $200 for installation, and $80 a month in maintenance and service fees, the cost to be paid by the DWI offender of course.

In case you are caught being drunk behind the wheel your insurance rates will increase and you will most probably learn about a thing known as SR-22 to many. And it doesn’t matter what it’s called in your state – driving while being under influence or intoxicated – the result is the same. Your insurance rates rise dramatically even before you can actually drive a vehicle again.

The laws are different

Different states have different penalties regarding drunk driving, but in all states you will be denied of the right to drive for a period of time (starting with 30 days to 12 months). And in order to get your license back and drive again most states require you to present SR-22 form proving availability of necessary auto coverage. Such form can be presented by the insurance company unless your policy is lapsed, canceled or terminated.

Premiums will rocket sky-high

When time comes for taking the SR-22 form from your insurance company, the company will automatically put you in the “high-risk driver” category, which eventually means that your rates will go up. And by “go up” we mean double or even triple according to state you’re registered in. Of course, you can shop around as there are insurance companies with “high-risk” specialty.

SR-22 policies are not that accessible

Certain companies do not provide SR-22 insurance coverage, and if you’ll require one from them after being convicted in drunk driving, they are likely to cancel your policy. It will require you to address a company that provides SR-22, however your premiums will still be higher because you will already have a history of policy cancellation. However in some states, insurance companies have no right to cancel your policy before its term expires. So check your local laws to know better.

How long will it last?

This also depends on the state you live in, but the usual picture is that you will have to pay higher premiums for at least three years after being convicted. And if you’re caught driving under the influence again there will be more serious penalties.

It also depends on the condition you’ve been in while driving. In most states there are stronger penalties for increased alcohol blood levels, passengers (especially kids) in the car, damage to property or injury to people done and other factors involved.

How to avoid increased rates?

The most drastic measure to keep your auto insurance rates low is not driving at all after being convicted in drunk driving. Even if you were driving a car you don’t own you will still have to present a SR-22 form in order to restore your driver’s license.

Of course, there’s still the most effective way of keeping your auto insurance as it was. Simply don’t drive while being drunk, intoxicated, under the influence or any other altered state of mind. It will not only save you auto insurance but will save your and someone else’s life. If you’re messed up, call a taxi or ask your sober friend to drive. It’s not that hard, isn’t it?