When a person is convicted of a DWI in New Jersey, they can face very serious consequences. This can include fines, surcharges, mandatory attendance at alcohol education courses, and jail time. Depending on the situation, the court may also require an ignition interlock device to be installed in the driver’s vehicle. Continue reading below to learn more and contact an experienced New Jersey criminal defense attorney for assistance with your case.
How Does an Ignition Interlock Device Work?
In some DWI convictions, New Jersey courts may require an ignition interlock device to be installed in the vehicle of the driver. An ignition interlock device (IID) is a device that connects to the steering column and requires the driver to blow into it, determining their blood alcohol concentration (BAC).
Their BAC must be less than 0.05% for the vehicle to start; otherwise, it will not turn on. The purpose of this device is to protect the driver and others from being put at risk for a dangerous and potentially life-threatening accident. It is important to know that the device also prevents other people from using it on behalf of the driver, as they are required to provide additional breaths to demonstrate their sobriety level while the vehicle is in motion. If they are not or if they fail to provide a breath sample when asked to do so, the vehicle will make a record of it, issue a warning, and set off an alarm until the driver pulls over.
Attempting to bypass the system by using another person’s breath to turn on your car is considered a severe violation, and harsh legal penalties are likely to ensue.
When Will the Device be Installed?
If a driver receives a DWI conviction for the first time with a BAC over .15%, they may be required to install an ignition interlock device in their vehicle. This may also be required if they refuse to take a breathalyzer test. The device must be installed after their license is reinstated for a minimum of six months and a maximum of one year. If the driver’s BAC is under 0.15%, whether or not the device should be installed is up to the court.
Individuals who are convicted of a second DWI may be required to have the device installed while their license is suspended as well as for one to three years after the license is reinstated. This is also the case for drivers with a third DWI conviction or if they refuse a breathalyzer test. If the driver does not have the device installed when they are ordered to, the judge can require an additional year of license suspension.
The Administrative Realities and Maintenance of an IID
It’s important to understand that if you are required to maintain an ignition interlock device in your vehicle, you are also required to ensure that the device remains operational and all financial requirements are met. Generally, those required to install these devices must pay all expenses associated with the device, including the installation fees, leasing rate, and any additional incurred expenses.
In accordance with New Jersey law, vehicles with court-ordered ignition interlock devices installed must undergo routine data downloading and device calibration at a certified service center. Failure to comply with calibration schedules, device tampering, or accumulating multiple failed drug tests will be reported to the court and the New Jersey Motor Vehicle Commission (MVC). This may result in the immediate extension of how long you must keep your ignition interlock device installed, or face additional criminal charges.
Contact our Firm
When you are facing charges for a DWI or DUI in New Jersey, it’s imperative to understand your legal options. Unfortunately, many assume that this charge will be treated as little more than a slap on the wrist, which is far from the truth. A DWI carries serious penalties that extend far beyond the consequences imposed by the court. As such, if you are facing charges, it’s in your best interest to connect with an experienced attorney with the Law Office of Carl Spector. Our team can explore your legal options to help you determine the best course of action for your circumstances. Contact us today to learn more.