What is the effective date of the new law?
Dec. 18, 2009, is the effective date for the new crime of ADWI U21 (VTL § 1192 [2-a] [b]) and mandatory IID if the defendant is convicted of ADWI U-16. Since 2006, IID has been mandated for any ADWI conviction based on BAC of .18 percent or above (VTL § 1192 [2-a] [a]), if the defendant is sentenced to probation. The new mandatory IID law will become effective for other enumerated DWI offenses on Aug. 15, 2010 (270 days after date of enactment, Nov. 18, 2009). Thus, the new law applies to defendants who are: • Charged with ADWI U-16 on or after Dec. 18, 2009; if convicted of ADWI U-16, IDD is mandatory. • Charged with one of the enumerated DWI offenses on or after Dec. 18, 2009, and sentenced on or after Aug. 15, 2010. In such cases, the 2009 legislation mandates IID installation, even for first offenders, if the defendant is sentenced to a conditional discharge or probation. 2. Does the new law require IID for every defendant convicted of DWI? The new law mandates IID for most DWI def
