Dealing with the legal consequences of driving under the influence (DUI) can be daunting, especially when trying to understand the specific regulations and requirements set by each state. In New Jersey, one crucial aspect individuals with DUI convictions must be aware of is the use of ignition interlock devices (IIDs). These devices are installed in the vehicles of convicted DUI offenders and act as a preventive measure to ensure that the driver is sober before operating the vehicle. Failure to comply with the regulations surrounding ignition interlock devices can result in additional violations and severe penalties.
When facing interlock violations, a skilled New Jersey DUI lawyer can thoroughly examine the circumstances surrounding the alleged violations, analyze the evidence presented by the prosecution, and develop a strategic defense tailored to the specific case. At The Kugel Law Firm, our experienced New Jersey DUI attorneys can challenge the accuracy of the interlock device, question the calibration of the equipment, or contest any procedural errors that may have occurred during installation or maintenance. Our team can help you manage the legal complexities, negotiate with prosecutors, and strive to achieve the best possible outcome for your situation. Call us today at (973) 854-0098 to schedule a consultation.
What is an Interlock Device?
An ignition interlock device (IID) is a breathalyzer-like device that is connected to a vehicle’s ignition system. This device is meant to prevent a vehicle from being started if the driver has a blood alcohol concentration (BAC) higher than the preset limit, generally around 0.02% or 0.025%. The driver must blow into the mouthpiece, and if the IID detects alcohol, the vehicle will not start. Additionally, the interlock device requires periodic “rolling retests” while the engine is running to ensure that the driver remains sober throughout the drive. If alcohol is detected during a rolling retest, the car will not stop, but the alarm will continue to sound until the driver turns off the vehicle.
New Jersey Interlock Device Laws
In New Jersey, individuals who are found guilty of their first DWI offense and have a blood alcohol concentration (BAC) above 0.15% must have an Ignition Interlock Device installed in their vehicle. This requirement also extends to those who refused to take a breathalyzer test. Upon conviction for either DWI or refusal, the person is required to have the Ignition Interlock Device installed in their car starting from the suspension of their driver’s license.
The device must remain installed for a period of six months to one year after the defendant’s license is reinstated unless their BAC reading is below 0.15%. In such cases, the court has the discretion to order the installation of the device for a period of six months to one year after the driving privileges are restored.
For a second DWI or refusal conviction in New Jersey, the Ignition Interlock Device will be installed during the license suspension period and remain in place for one to three years after driving privileges are reinstated.
The same requirement applies to a third DWI or refusal offense. Failure to comply with the court’s order to install the interlock device may result in an additional one-year suspension of driving privileges. It’s important to note that there are installation and monthly fees associated with the device that must be paid by the individual.
Purpose of Interlock Devices in DUI Cases
The primary purpose of an ignition interlock device is to prevent intoxicated individuals from operating a motor vehicle, thereby reducing the risk of further DUI incidents and improving public safety. Statistics show that IIDs are effective in reducing DUI recidivism, as they provide a constant reminder to drivers that they should not drink and drive.
Interlock devices also allow those convicted of DUI to maintain their driving privileges, albeit under strict conditions. This can be crucial for maintaining employment, attending school, and fulfilling family obligations, helping to minimize the personal and social costs associated with a DUI conviction.
Finally, the use of interlock devices in DUI cases helps spread awareness regarding the severity of drunk driving consequences. Seeing someone use an IID serves as a cautionary example, reminding others of the potential penalties that come with driving under the influence. Consequently, ignition interlock devices serve not just as a preventive measure but also as a deterrent, promoting sober driving and overall road safety.
Failure to Install an Interlock Device
One common violation is failing to install an IID when ordered to do so. This occurs when someone who has been ordered by a court or a state Department of Motor Vehicles (DMV) to install an IID does not comply with the order.
Under the reformed DWI law in New Jersey, individuals who are convicted or plead guilty to driving under the influence of alcohol must install an interlock device in their vehicle, as outlined in N.J.S.A. 39:4-50. If someone owns multiple cars or has access to more than one vehicle, they are only required to install the interlock device in their primary vehicle.
To ensure compliance, the person needs to fill out a form for the court, specifying the vehicle where the device will be installed. The court will also inform the Motor Vehicle Commission about the imposed sentence, prompting the Commission to issue a new license. This updated license will have a notation indicating to law enforcement that the driver must have an interlock device in their car.
Failure to install the device and being caught driving will result in the court suspending the offender’s license for one year, in addition to any previous suspensions and penalties ordered by the judge.
Attempts to Tamper with or Bypass the Interlock Device
Engaging in any actions to bypass the breath testing requirement and start the car using a modified device would constitute a violation of NJSA 39:4-50.19. This specific statute addresses tampering and other activities that infringe upon its provisions. A conviction for tampering with or attempting to circumvent the mandatory interlock device can lead to severe consequences, including imprisonment and substantial fines. If charged with a disorderly persons offense related to ignition interlock, you may face up to six months in jail or a potential five-year probation, as well as fines up to $1,000.00.
According to the statute, only the driver who is required to have the device installed should provide the breath sample, and tampering with the device to avoid driving with it is strictly forbidden. Additionally, lending, leasing, or renting a vehicle to someone who is obligated to drive with an interlock device is considered a violation of the law. Therefore, individuals who aid others in evading the interlock requirement not only put their own criminal record at risk but also face legal repercussions if caught.
It is crucial to understand the legal consequences and potential penalties associated with tampering with or attempting to bypass an ignition interlock device. Complying with the law and adhering to the requirements outlined in NJSA 39:4-50.19 is essential to avoid criminal charges and ensure road safety.
Failing the Rolling Retest
Once the initial test is successfully passed, the driver will be required to undergo an interlock rolling retest at random intervals while on the road. This rolling retest follows the same procedure as the initial breathalyzer test but takes place while driving.
When the device indicates the need for a rolling retest, either through beeping or flashing on the screen, the driver must provide a breath sample. Typically, there is a time window of approximately seven minutes to complete the rolling retest, although specific requirements may vary. Failure to comply with the rolling retest will be documented as a missed test, which can lead to a temporary prohibition from operating the vehicle.
If the driver takes too long to provide the rolling retest breath sample, the device will emit various signals in accordance with state regulations. These signals may include flashing lights, honking the car horn, and activating an internal siren within the device. At this point, the driver will need to pull over and submit to a retest in order to stop the signals. Failing the retest at this stage will trigger a lockdown mode for the vehicle, preventing the driver from operating it for a predetermined period of time.
Will I Go to Jail for Failing an Interlock Test?
If you fail an ignition interlock device test in New Jersey, you might be wondering about the potential consequences, including the possibility of jail time. It’s important to understand what can happen if you violate the ignition interlock requirements.
Failing an interlock test is taken seriously because it suggests that you attempted to drive after consuming alcohol, which violates the program’s rules. Typically, the first response to a failed test isn’t jail time. Instead, you might face penalties such as an extension of the period you are required to use the interlock device or additional fines.
Moreover, repeated failures or evidence of tampering with the device can escalate the situation. In such cases, additional penalties, such as fines or further restrictions on your driving privileges, might be imposed. Regarding jail time, while it is not an immediate consequence for a single or first-time failure, it becomes a more likely outcome with repeated violations or serious tampering incidents.
It is crucial for drivers with an ignition interlock device to adhere strictly to all requirements and avoid any attempts to bypass the system. If you are facing issues with your interlock device or have failed a test, consulting with a legal professional who understands New Jersey traffic laws can provide guidance on how to address the situation and potentially mitigate the penalties. Contact The Kugel Law Firm today to schedule a consultation with one of our New Jersey DUI lawyers.
Consequences and Penalties for Interlock Violations
Although IIDs have been effective in reducing repeat DUI offenses, some individuals may not comply with the stipulations of the IID program, leading to further consequences and penalties.
Failure to comply with a court-ordered installation of an interlock device in a motor vehicle owned, leased, or regularly operated by an individual will result in a one-year suspension of their driver’s license. This suspension is separate from any other suspensions or revocations imposed under R.S.39:4-50 unless the court determines a valid reason for non-compliance.
Additionally, if an individual operates a vehicle with an interlock device installed by the court order and starts the vehicle using any method other than blowing into the device themselves, or if they drive a vehicle without such a device, their driver’s license will be suspended for one year. This penalty is in addition to any other applicable legal consequences.
Moreover, certain actions will classify an individual as a disorderly person, including:
- Intentionally blowing into an interlock device or starting a motor vehicle equipped with the device with the purpose of providing a functional vehicle to someone who has been ordered by the court to install the device.
- Tampering with or bypassing the operation of an interlock device.
- Knowingly renting, leasing, or lending a motor vehicle without an interlock device to someone who has been ordered by the court to install such a device in a vehicle they own, lease, or regularly operate.
However, the provisions mentioned above will not apply if a person starts a motor vehicle that is required to have an ignition interlock device for safety or mechanical repair purposes, as long as the individual subject to the court order does not operate the vehicle.
How to Avoid Interlock Device Violations
Interlock devices are essential tools designed to help keep drunk drivers off the road. They require the driver to provide a breath sample before starting the vehicle and periodically while driving to prevent others from providing the sample for them. If the breathalyzer detects alcohol in the driver’s system, the interlock device will not allow the car to start. Although these devices are beneficial for public safety, misuse or technical issues can lead to violations. Therefore, understanding and correctly using them is crucial. Here’s how to prevent interlock device violations:
Proper Installation and Maintenance of the Device
The first step to avoiding violations is to have the interlock device installed by a certified professional. This ensures a correct connection to the vehicle and reduces the chances of malfunction or false readings. Regular maintenance, including calibration and inspection, is also vital. These measures ensure the device functions as intended, minimizing the risk of false positives and related violations.
Understanding Device Operation and Guidelines
Knowledge of the interlock device’s operation and the relevant regulations is key. Users should be aware of substances like certain mouthwashes or toothpaste that contain alcohol and can lead to false positives. Familiarizing oneself with the device’s guidelines, such as the required waiting period after eating, drinking, or smoking before giving a breath sample, is also critical. This understanding helps avoid accidental violations.
Seeking Alternative Transportation if Alcohol Consumption is Planned
If a person who has an interlock device installed in their vehicle plans to consume alcohol, it is crucial to arrange alternative transportation. Options such as public transportation, taxi services, rideshare programs, or having a designated sober driver are all viable options to avoid attempting to start the vehicle while under the influence. This precaution will prevent any potential interlock device violations and keep the individual and others on the road safe.
Completing Required Interlock Device Training
In New Jersey, interlock device users must complete a training program. This program covers the device’s proper use and maintenance, legal implications of misuse, and handling potential technical issues. Completing this training equips users with the necessary knowledge to use the device correctly, thus reducing the likelihood of violations.
| How to Avoid Interlock Device Violations | Details |
|---|---|
| Proper Installation and Maintenance of the Device | Ensure authorized service providers install the interlock device. Regular calibration and inspection as required by the manufacturer and jurisdiction. |
| Understanding Device Operation and Guidelines | Be aware that certain mouth products may contain alcohol and cause false-positive readings. Familiarize yourself with specific guidelines for device use in your jurisdiction. |
| Seeking Alternative Transportation if Alcohol Consumption is Planned | Arrange alternative transportation options such as public transportation, taxi services, or having a designated sober driver. |
| Completing Required Interlock Device Training (New Jersey) | Complete a training program on proper device use and maintenance. Gain understanding of legal consequences and potential technical issues. |
How an Experienced New Jersey DUI Lawyer Can Help
Having a skilled New Jersey DUI lawyer by your side can make a significant difference when dealing with interlock violations. The complexities and potential consequences of these violations require experienced legal guidance to protect your rights and achieve the best possible outcome in your situation.
At the Kugel Law Firm, our knowledgeable New Jersey DUI attorneys may be able to thoroughly analyze the evidence, challenge the accuracy of the interlock device, and identify any procedural errors that could work in your favor. With our assistance, you can navigate the legal process, negotiate with prosecutors, and strive for a favorable resolution tailored to your specific case. Contact the Kugel Law Firm today at (973) 854-0098 to schedule a consultation.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/how-many-interlock-violations-can-you-have-in-new-jersey/
