Ignition interlock devices, intended to prevent cars from starting if alcohol is detected in a driver’s breath, can be an effective tool to curb drunk driving. Governor Andrew Cuomo’s DMV rule reforms include an interlock requirement for drivers who are issued restricted licenses after multiple DWI convictions. In 2009 the state legislature passed Leandra’s Law, which among other things mandates six months of interlock use for drivers convicted of DWI.
But an audit released Thursday by State Comptroller Tom DiNapoli found that the majority of people who are supposed to be using ignition interlocks aren’t installing them. DiNapoli says the compliance rate is 5 percent in New York City and just 26 percent statewide.
DiNapoli’s office says 2,166 drivers in NYC were ordered to use interlocks from 2010 to 2014, and of those, only 111 devices were installed. “[T]here was little evidence that NYC Probation routinely followed-up with offenders to determine if they owned vehicles in which devices should be installed, or did not drive motor vehicles during the periods of their restrictions,” according to DiNapoli’s press release.
City probation officers are supposed to check DMV records for license sanctions and vehicle ownership information, to determine which vehicles should have interlocks, according to DiNapoli’s office. Out of a sample of 100 offenders, including 60 repeat offenders, the audit found that in 70 cases no initial DMV check was performed, and 32 offenders were not checked for compliance throughout their entire probation term. Of 22 “high risk” offenders who should have been subject to monthly compliance checks, auditors found evidence of monthly checks in just one case.
The audit also found that NYC drivers circumvent the interlock restriction by driving vehicles owned by other people. “Auditors further found NYC Probation doesn’t always notify the courts or district attorneys when DWI offenders under its supervision are trying to drive while impaired or drunk,” DiNapoli’s office said.