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The fact that New York has some of the toughest driving while intoxicated laws in the country is no one who has been arrested for drunk driving charges would dispute. The penalties association with a misdemeanor or felony conviction may include imprisonment, hefty fines, license revocation and installation of an ignition interlock device.

It now turns out that monitoring of the penalties and conditions associated with a conviction for driving while intoxicated might not have been as strict and tough as were the enforcement efforts that resulted in an arrest in the first place. An official report from the state claims that the probation department in New York City has not been monitoring compliance with sentencing conditions imposed on drivers convicted of a DUI charge.

The report focused its criticism on the failure of probation officers to monitor the installation and use of an ignition interlock device in order for a convicted motorist to be allowed to drive after sentencing. The devices are mandatory under New York law.

According to the state investigation, the compliance rate for ignition interlock device installation was only five percent. The report cited a lack of enforcement by probation officers to make certain that motorists complied once a license reinstatement took place following a conviction.

Drivers who are stopped by police and have a blood alcohol content level in excess of the state’s legal limit can probably expect to be subjected to closer monitoring by probation following a misdemeanor or felony conviction of driving while intoxicated. This might be when consulting with a criminal attorney to defend against the initialdrunk driving charges could make sense as closer monitoring of sentencing conditions is sure to result in more drivers being charged with violating the terms of their probation.

Source: New York Daily News, “EXCLUSIVE: Audit shows only 5% of New York City DWI offenders installed ignition interlock devices in their cars,” Kenneth Lovett, Oct. 8, 2015

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