VTL 1198: Ignition Interlock Violations in New York

VTL 1198 turns a condition of your sentence into a new Class A misdemeanor. If you are under a court-ordered interlock and you drive a car that does not have one — a spouse’s car, a rental, a work van — that is a separate crime, prosecuted alongside whatever your original case was. If you have been charged, call Hochhauser Criminal & DWI Defense at 516-939-1529.

VTL 1198 penalties and the four prohibited acts

All four carry up to 364 days in jail and a fine of up to $1,000. Note subdivision (b): the friend or family member who blows into the device commits the crime too, and they are charged separately.

What VTL 1198(9)(d) actually criminalizes

The text is one sentence long and contains no exceptions: no person subject to a court-ordered ignition interlock device shall operate a motor vehicle without such device.

That is narrower than people assume, and broader in one specific way. It is not about tampering. It is not about driving on a suspended license. It is about driving any vehicle that is not equipped, while an interlock order is in effect — including a car that belongs to someone else and has nothing to do with your case. The most common real-world version is exactly that: borrowing a spouse’s or a coworker’s car for twenty minutes.

Where the interlock requirement comes from

New York requires an ignition interlock for at least twelve months as a condition of probation or conditional discharge on any conviction under VTL 1192(2), VTL 1192(2-a), or VTL 1192(3). That requirement comes from Leandra’s Law — see our page on Leandra’s Law.

One point worth stating precisely, because a number of sites get it wrong: the interlock mandate reaches subdivisions two, two-a and three. It does not extend to VTL 1192(4), DWAI drugs. If you were convicted under that subdivision and are being told an interlock is mandatory, that is worth checking.

Defenses to a VTL 1198 charge

• You were not subject to a court-ordered device at the time. The order had not yet been entered, had expired, had been terminated, or the condition ran on a different case. This is the first thing to verify and it resolves more of these cases than anything else.
• The vehicle was equipped. Installation records and monitoring reports.
• Proof of the order and of your knowledge of it. The People have to establish both.
• Operation. The ordinary element — the People must prove you actually operated the vehicle.
• Charging posture. An interlock condition breach is frequently better addressed as a violation of probation or conditional discharge in the original case than as a new Class A misdemeanor. Which track it goes down is negotiable, and it makes a substantial difference to your record.

Two cases at once

An interlock violation usually creates parallel exposure: the new criminal charge, and a violation of the sentence in your underlying DWI case. The second one is often the more serious of the two, because it can reopen a sentence you had already resolved. Both need to be handled together and in the same conversation with the court. See DWI probation and violating probation.

Where these cases are heard

Where the original sentence was imposed elsewhere, the violation typically returns to that court. We handle both across Nassau County and Suffolk County.

VTL 1198 frequently asked questions

I only drove a few blocks in my wife’s car.

Distance is not an element. Operating any vehicle without the device while under an interlock order is what the statute prohibits.

Is this a felony?

No. All four prohibited acts under VTL 1198(9) are Class A misdemeanors. The associated violation of probation, though, can carry the original sentence.

What if a friend blew into my device?

You are both exposed — you under subdivision (a) and your friend under subdivision (b). They are separate charges.

Does an interlock apply if I was convicted of DWAI drugs?

The mandate covers VTL 1192(2), (2-a) and (3). It does not extend to VTL 1192(4). Check the sentence and conditions in your own case.

Speak with a Long Island DWI lawyer

Richard Hochhauser handles interlock violations in Nassau and Suffolk County alongside the underlying DWI sentences that produced them. These are usually a lapse of a few minutes with consequences out of proportion to the conduct — and how the case is framed at the outset determines whether it stays that way.

This page provides general information about VTL 1198 ignition interlock in New York and is not legal advice. Every case turns on its own facts. Contacting our firm does not create an attorney-client relationship.