Those who circumvent or tamper with an ignition interlock device are bound to face a Class A misdemeanor charge in New York state.

But according to a recent audit by the New York State Comptroller’s Office, many such violators are not only being underreported, but are continuing to put the public at risk.

Thomas P. DiNapoli, state comptroller, said auditors examined ignition interlock device compliance in six counties – Cortland, Erie, Montgomery, Otsego, Suffolk and Wayne.

Their findings showed that none of the six consistently provided notifications to the courts and district attorneys of operators with negative device activity.

In fact, 55 out of 70 incidents of negative activity between January 2010 and May 2015 were either not reported – Cortland, Erie, Montgomery, Otsego and Suffolk counties – or not reported in a timely manner – Cortland, Suffolk and Wayne counties.

“Individuals who attempt to operate a vehicle while under the influence or try to tamper with their ignition device are not always being held accountable,” DiNapoli said. “Local officials should follow through with law enforcement and report potential violations so that appropriate actions can be taken to protect the public and keep our roadways safe.”

Joe Gerace, Chautauqua County sheriff, said reporting negative activity to courts is routine and done as “immediately as possible” in the county. Tom Narraway, county probation director, said violations of an ignition interlock device have to be reported to the courts within three days. In some instances, however, reporting can be delayed for necessary reasons like a three-day weekend.

The bigger issue, according to both, is trying to prevent offenders from circumventing the devices or finding ways not to install them.

“Some people will sell their car by just transferring it to someone who’s within their circle,” Gerace said. “For instance, a father (with a prior DWI) who owns a car can transfer the title and ownership to his kid. So he tells the court that he no longer has a car. The law has got to be changed to prevent this.”

Narraway said the majority of individuals on probation for DWI offenses avoid installing a device purely because of the cost.

“Most people get rid of their vehicles because it’s so (expensive) to buy (the devices) so they will go to court and sign a waiver that they don’t have a motor vehicle … and then they’re not required to install it,” Narraway said.

The cost of an ignition interlock device varies from state to state, but averages about $70-$150 for installation and $60-$80 a month for maintenance.

Gerace said there are two categories of individuals who have to utilize an interlock – one is dealt with through probation and the other group dealt with through the county’s STOP-DWI program.

Since devices distributed locally are equipped with cameras and require periodic retests – or rolling tests – offenders are finding it difficult to cheat the system.

“We also have the ability with several of the providing companies that if there is a (violation), it immediately gets reported via email to the 9-1-1 center … with coordinates,” Gerace said. “In my opinion, someone who violates an interlock should be immediately incarcerated. They’re threatening all of us. I guess I equate it to someone waving a loaded gun around in people’s faces … we wouldn’t tolerate that.”

Under the Child Passenger Protection Act, also known as “Leandra’s Law,” those convicted of certain alcohol-related offenses on or after Aug. 15, 2010, must install an ignition interlock device in any vehicle they own or operate for a certain period of time as a condition of their sentence.

The device connects to the vehicle’s ignition system and prevents the vehicle from starting if the operator’s blood alcohol concentration exceeds the .025 allowable level preset into the device.

The law is named after Leandra Rosado, an 11-year-old who was killed when the vehicle she was riding in, being driven by the intoxicated mother of one of her friends, crashed in Manhattan.