Driving under the influence (DUI) is a traffic violation in New Jersey. Although it is not a criminal offense, the penalties can be severe. Drivers can face fines, jail time, community service, and more. One of the most common consequences is the required use of an ignition interlock device (IID). Work with a Bergen County, New Jersey DUI lawyer to learn whether or not you will be required to install an IID and your legal options.
What is an Ignition Interlock Device and How Does it Work?
An ignition interlock device is a small breathalyzer installed in a person’s vehicle. The breathalyzer connects to the car’s ignition system and controls whether or not the vehicle will start. The driver must blow into the device to prove that they are sober before starting the car In NJ the IID generally requires a blood alcohol content of 0.05% or less. Without a clean breath sample, the car will not start.
The IID will beep and request another breath sample about 10 to 15 minutes after the car is turned on and then at random intervals throughout the journey. The vehicle will not shut off on its own if the driver fails to provide the sample, but it could trigger the alarm or horn until they blow into the device or turn off the engine.
The IID requirement applies to all vehicles that you own or operate including motorcycles or work vehicles. You may be able to continue to drive for work without the use of an IID if your boss is informed and provides written consent for you to operate their vehicle without it.
When Would I Be Required to Have an Ignition Interlocked Installed?
According to New Jersey state law, an ignition interlock device is required after any intoxicated driving conviction. Whether it is a first or subsequent offense, an IID is mandated for anyone with a DUI or DUI refusal.
The length of time you are required to use an IID will vary depending on the extent of your offense. However, you may be able to lessen the amount of time required.
New Jersey instituted an ignition interlock program in February of 2024. According to this new rule, anyone who is arrested for driving under the influence can choose to voluntarily install an ignition interlock device and obtain a restricted driver’s license before they get convicted or go to trial. Choosing to have an IID installed when it is not required is seen as an act of good faith and shows a court that the individual is taking the situation seriously. First-time offenders who voluntarily install an IID will receive a credit for each day that it is installed, meaning they will be able to remove the device earlier. Second or subsequent offenders also have this option but will receive a one-day credit for every 2 days it is installed.
Speak to a lawyer for more information on the ways in which you can reduce your sentence and IID requirement.