Under the new DWI law that went into effect in December 2019, the installation of an ignition interlock device is now mandated as a penalty for almost every DWI sentence. Whether it’s a first or repeat offense, the length of time you need to have one installed can vary. The ability to drive once the device is installed also depends on the person’s record (whether this is a first, second, or third offense) and their blood alcohol content. Additional considerations can include whether the driver refused a breathalyzer or if drugs were involved in causing impairment.
There are various factors that can affect whether one can drive with an interlock device and how long it must remain installed. There’s also a provision for individuals who do not own a motor vehicle. Such individuals can face license forfeiture rather than an ignition interlock requirement in most circumstances. The circumstances for New Jersey drivers are considerably better than they were before 2019, but they can still be challenging, thus making it important to understand how the changes affect your case. Speaking to an experienced New Jersey DWI lawyer from The Kugel Law Firm as soon as possible is crucial. Contact us today at (973) 854-0098 to schedule a consultation.
Ignition Interlock Devices in New Jersey
An ignition interlock device (IID) is mounted on the dashboard in front of the passenger seat. It is connected to the car’s ignition system and designed to prevent the vehicle from starting if alcohol is detected on the driver’s breath. Before starting the engine, the driver must blow into the device and provide a breath sample. While the engine is running, the device will intermittently prompt the driver to submit additional breath samples to verify that there is no alcohol in the driver’s system.
Can An Ignition Interlock Device Be Avoided for a First Conviction of DUI?
In New Jersey, even a first conviction of DUI can lead to the mandatory installation of an ignition interlock device (IID). Since 2019, the state has implemented a DWI law requiring the installation and use of IIDs for all individuals charged with drunk driving, even on their first offense. This means that a person convicted of DUI in New Jersey may be mandated to use an IID if their blood alcohol concentration (BAC) is 0.10 percent or higher or if they refuse a breathalyzer test during a traffic stop.
The duration of the IID requirement varies depending on the BAC level for first-time offenders. Those with a BAC between 0.10-0.15 percent must use the IID for seven months to a year. For offenders with a BAC of 0.15 percent or higher, they can be required to install an IID in their primary vehicle during the license suspension period, which can last from 4 to 6 months. Additionally, they must continue using the IID for 9 to 15 months even after their license is restored.
The mandatory installation of the IID helps to reduce license suspensions for individuals charged with drunk driving while ensuring they do not drive under the influence. The New Jersey government and legislature view ignition interlock devices as a more effective alternative to combat drunk driving fatalities compared to extended license suspensions. By requiring IIDs, individuals convicted of a DUI can still use their vehicles for essential purposes, such as work, while being closely monitored to prevent intoxicated driving.
| Violation | Description |
|---|---|
| Failure to Install IID | Occurs when a person required by court or DMV to install an IID does not comply. |
| Tampering or Bypassing IID | Involves illegal actions to bypass, tamper with, or modify the IID, including lending a vehicle to someone with an IID mandate. |
| Failing the Rolling Retest | Failing to take a required retest while driving, which prompts the device to lock the vehicle temporarily. |
How Long Would You Have to Keep an Ignition Interlock Device Installed?
In New Jersey, driving regulations following a DWI conviction are strict and can vary based on the severity of the offense and the blood alcohol content (BAC) at the time of arrest.
As mentioned above, individuals who had a BAC between .08 and .09 can have their driver’s license suspended until an IID is installed in their vehicle. Following the installation of an IID, their driving privileges are then restored provided that the IID remains on their vehicle for at least 90 days.
Installation of an IID in their vehicle is similarly required for those with a BAC between .10 to .14 if they want to retain their driving privileges. However, the device must be maintained for a longer period–for a minimum of seven months and can be required for up to 12 months, depending on the specific details of the case.
For drivers with a BAC of .15 or higher, the individual faces a mandatory license revocation for four to six months. During the revocation period, and for an additional nine to fifteen months thereafter, an IID must be installed and operational in the individual’s vehicle.
For individuals with a second or third offense, the consequences are more severe. They face a mandatory license revocation ranging from one to eight years. During this time, and for an additional two to four years afterward, an IID must be present in any vehicle they operate. It is crucial that the individual not drive any vehicle without an IID during the mandated period.
It’s essential to understand that there is no automatic six-month suspension for DWI offenses, and any delay in installing an ignition interlock device (IID) does not shorten the required maintenance period. For example, if a driver is mandated to maintain an IID for seven months but chooses to install the device a year after the requirement is set, they must still complete the full seven-month period. The maintenance duration is fixed and does not decrease because of installation delays. Therefore, promptly installing the IID is crucial to completing the requirement as soon as possible and regaining full driving privileges.
How Many Interlock Violations Can You Have?
An ignition interlock device (IID) is an essential tool in enhancing road safety. Installed in vehicles, it functions much like a breathalyzer, allowing only sober drivers to operate the vehicle. For individuals with DUI histories, this measure is essential in preventing repeat offenses. In New Jersey, the rules surrounding IIDs are strict, reflecting the seriousness of DUI offenses.
- Failure to Install an IID: This violation occurs when a person mandated by a court or DMV to install an IID disregards this order. In New Jersey, under N.J.S.A. 39:4-50, individuals convicted of DUI must install an IID in their main vehicle. Non-compliance leads to severe penalties, including a year-long license suspension on top of existing penalties.
- Tampering or Bypassing the IID: NJSA 39:4-50.19 specifically addresses the illegal tampering or circumvention of IIDs. Violations include attempts to bypass the breath test or modifying the device, and carry penalties like imprisonment, fines up to $1,000, or a disorderly persons offense. Moreover, lending a vehicle to someone mandated to use an IID is illegal and punishable.
- Failing the Rolling Retest: IIDs require periodic rolling retests while driving, after a successful initial test. Failure to comply within the given time (usually around seven minutes) results in a temporary vehicle lockout. The device indicates the need for a retest through beeps or flashing lights. Failing the retest activates lockdown mode, preventing vehicle operation for a set period of time.
Understanding the legal implications and adhering to IID regulations is crucial. These devices play a pivotal role in repeat DUI incidents and enhancing road safety. Therefore, individuals with IIDs need to comply with the law to understand the potential legal consequences of non-compliance.
Legal Defenses for Ignition Interlock Violations in New Jersey
When facing charges related to ignition interlock device violations in New Jersey, several legal defenses may be available. These defenses are based on the specifics of each case and aim to address potential errors or procedural oversights that could affect the reliability of the device or the fairness of the legal process.
- Improper Installation: One common defense is arguing that the ignition interlock device was not installed correctly. A poorly installed device can lead to inaccurate results, such as false positives, which could unfairly penalize the driver.
- Device Malfunction: Like any electronic device, ignition interlock devices are prone to malfunctions. If there is evidence that the device was not working correctly at the time of the alleged violation, this can be a strong defense.
- Due Process Violations: Defendants may argue that their rights were violated if they were not properly informed about the device requirement or if they were denied a fair hearing. This defense asserts that procedural mistakes compromised the legal process.
- Procedural Errors: Sometimes, the issue might be related to how the device was used. If the device was not used as instructed or if the individual did not adhere to the operational guidelines, this could serve as a basis for defense.
- Medical Interference: Certain medical conditions or the use of specific medications and products can interfere with device readings. If such interference caused a false positive result, presenting medical evidence could successfully contest the violation.
Each of these defenses requires a thorough examination of the facts and a clear presentation of evidence to support your case. Consulting with a legal professional who understands the nuances of New Jersey’s ignition interlock laws is advisable to effectively address these issues.
How an Experienced New Jersey DUI Attorney Can Help
Operating any vehicle that does not have an ignition interlock device before the indicated period is over is prohibited under New Jersey’s DWI law. Failure to comply with the rules may result in the offender’s driver’s license being suspended for one year and other penalties as applicable by law.
At The Kugel Law Firm, our skilled New Jersey DWI lawyers, led by top-rated DWI attorney Rachel Kugel, can assist you if you have been ordered to install an IID device as part of your conviction. Our attorneys have the experience and knowledge needed to guide you through your rights and responsibilities and advocate for your best interests. To learn more about how we can help, contact us today at (973) 854-0098 to schedule a consultation.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/will-you-have-to-install-an-ignition-interlock-device-if-you-are-convicted-of-a-new-jersey-dwi/
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