If you get convicted of a DUI, the judge overseeing your case may require you to install an ignition interlock device, or IID, in your car. This arrangement gives many people the chance to keep some driving privileges after a DUI.
An IID is a breathalyzer attached to your car’s ignition that doesn’t allow the vehicle to start unless you register a blood alcohol content level (BAC) below a certain amount. Even after your car has started, the IID will periodically check your BAC while you operate the vehicle. Ignition interlock devices are designed to be tamper-proof so that only the driver can use them.
Ignition interlock devices can prove to be awkward and inconvenient. An experienced New Jersey DUI lawyer can help you understand your rights and options if you’re facing DUI penalties or interlock device violations. At The Kugel Law Firm, we prioritize your best interests by providing dedicated support and quality legal services. To discuss your case, you can contact us at our New Jersey offices at (973) 854-0098 to schedule a consultation.
What is an Interlock Device on a Car?
An Ignition Interlock Device (IID) is a technology-based safety tool installed in vehicles to prevent driving under the influence of alcohol. It functions as a breathalyzer connected to the vehicle’s ignition system, requiring a breath sample from the driver to start the engine. The IID measures the driver’s blood alcohol concentration (BAC), and if it exceeds the limit set by the state, the car will not start.
The IID is about the size of a TV remote control, making it relatively inconspicuous and easy to handle. It’s designed to be easy to use while offering a reliable measure of the driver’s sobriety. Beyond the initial test to ignite the engine, the IID might require random re-tests during longer drives to verify that the driver remains sober. Failing these re-tests can trigger alerts, such as the car horn sounding or the lights flashing, to alert authorities if the vehicle is in motion.
Mandated by courts or MVC for individuals convicted of DUI (driving under the influence), IIDs serve as both a preventative measure and a behavior modification tool. It is often a requirement for the reinstatement of driving privileges after a DUI offense. This device is a crucial part of the efforts to improve road safety by preventing individuals who have consumed alcohol from operating a vehicle, ultimately reducing the incidence of alcohol-related accidents on the roads.
Is an IID Mandatory in New Jersey?
You may have to get an ignition interlock device installed in your car depending on the circumstances around your offense and whether you have multiple offenses.
In New Jersey, a first-time DUI will require an IID if you own a vehicle for a minimum of 3 months and up to 7 months. You will also be required to install an IID if you refuse to take a chemical test at the time of your offense (9-15 months).
What Happens if Someone Else Blows Into Your Interlock?
The act of operating a vehicle without an interlock device, while your driving privileges are confined to vehicles with such devices, is considered a hybrid offense. This violation encompasses both traffic infractions and a category of crime often referred to as a disorderly person’s offense, similar to a misdemeanor in certain jurisdictions. A fine for a disorderly person’s offense can be as high as $1,000, imposing a considerable financial strain on the offender.
It’s important to note that the same sanctions apply if someone requests another individual to blow into the interlock device for them. Both parties involved are deemed guilty of a crime and face corresponding penalties. The latest interlock devices come with cameras, and in jurisdictions that monitor these devices, the data will be sent to a central database for scrutiny. Some of these devices are equipped with cameras to record the identity of the individual using the device. These cameras, along with other enforcement tools, effectively support the implementation of this law.
The intent behind these penalties and enforcement mechanisms is to underscore the importance of interlock devices in preventing drunk driving and ensuring adherence to driving restrictions. By imposing hefty fines and extended suspension periods, the legal system seeks to dissuade individuals from trying to circumvent the interlock requirement.
If you have been charged with an additional violation after having an IID installed in your vehicle, getting the help of an experienced DUI attorney is crucial. Contact The Kugel Law Firm today to schedule a consultation.
How Long Do You Have to Have an Interlock Device?
If a New Jersey court requires you to install an IID, you must show proof of the installation before you can resume driving. For a first-time conviction, you can expect to have the device for 3 months up to 15 months.
Can You Get an Interlock Device Exemption?
New Jersey makes few exceptions to IID requirements. From the point of view of the state, ignition interlock devices are a small price for DUI offenders to pay to keep their driving privileges. You should talk to your DUI attorney to determine whether this exemption applies to you.
Can You Drive a Different Car If You Have an IID?
In New Jersey, you cannot drive any vehicle without an IID installed as long as your license requires you to use an IID while driving. There is no legal way to “get around” an IID requirement. In fact, tampering with an ignition interlock device or driving another car without an IID could result in your driver’s license getting suspended altogether. Your lawyer can help you navigate this situation without accidentally incurring more penalties.
| Topic | Details |
|---|---|
| Duration of IID Requirement in New Jersey | 3 months to 15 months |
| Interlock Device Exemption | Few exceptions. Ignition interlock devices are generally required for all DUI offenders in New Jersey. |
| Driving a Different Car with IID | Not allowed. It is illegal to drive any vehicle without an IID installed as long as your license requires its use. Tampering with the device or driving another car without an IID can result in license suspension. |
If You Have a Breathalyzer in Your Car, Can You Drive a Different Car?
If you have a breathalyzer, or specifically an Ignition Interlock Device (IID), installed in your car due to a DUI conviction in New Jersey, it’s important to understand your driving restrictions. In many cases, the court mandates that DUI offenders can only operate vehicles equipped with an IID. Therefore, if you need or want to drive another car, that vehicle must also have an IID installed.
Driving a different vehicle without an IID, when your court order or temporary restricted license limits you to an IID-equipped vehicle, can lead to further legal consequences. This could include additional fines, revocation of the restricted license, or extended IID requirements.
For those considering driving another car without an IID, it’s crucial to reconsider as the legal ramifications can significantly complicate the situation. Instead, if there is a need to drive another vehicle regularly, the sensible course of action is to have an IID installed in that vehicle as well.
Before making a decision, consulting with a New Jersey DUI lawyer is recommended to fully understand the specifics of the court order or restricted license regarding the IID. A skilled DUI lawyer can provide detailed advice tailored to your situation, helping you stay compliant with the law and avoid unnecessary complications with your driving privileges in New Jersey.
When Can You Get Your IID Removed?
Unfortunately, getting your IID removed isn’t as simple as it may sound. In New Jersey, you must first get a certificate from an IID vendor that confirms:
- You kept up with the proper maintenance and monitoring for the device, and
- Your device did not register a BAC of 0.08% or higher more than once in the last 30 days (unless a re-test was taken within 5 minutes showing a legal BAC).
If the IID vendor doesn’t grant you the certificate, you may have to keep the device for another 1-3 months. If you have to remove the IID before the required time is over – for example, if your car gets totaled, sold, or impounded – you must notify the NJ Motor Vehicle Commission and get the device professionally removed, then install an IID on any new vehicles you own or use.
A DUI attorney who is dedicated to your case can make every step of this process smoother for you. At The Kugel Law Firm, we look out for your best interests at all times. Schedule a no-risk case consultation with our leading DUI/DWI lawyers now. You can contact us at our New Jersey office at (973) 854-0098.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/when-do-you-have-to-install-an-ignition-interlock-device-iid-after-a-dui/
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