Effective December 1, 2019, all DWI and Refusal convictions require installation of an ignition interlock device (IID) in a motor vehicle owned, leased, or principally operated by the driver. Proof of IID installation is required for driving privileges to be restored.
The following are the New Jersey penalties for DWI and Refusal convictions occurring after February 26, 2024. For a New Jersey first offense DWI, if the reading is 0.15% blood alcohol or above, the IID must be installed for the 3 month license suspension period plus an additional 12 to 15 months after driving privileges have been restored. If the reading is under 0.15%, the IID must be installed for 7 to 12 months from the date of installation. For a New Jersey first offense Refusal, the IID must be installed for 9 to 12 months. For second and greater NJ DWI offense convictions or Refusals, the interlock must be installed during the suspension period, and for 2 to 4 years after the driver's license is restored.
Ignition interlock devices are breath testing machines that attach to a vehicle's steering column and prevent the car from starting if the driver has a certain amount of alcohol in his or her system. A New Jersey DWI attorney who concentrates on DUI / DWI defense can determine the likelihood of an ignition interlock device requirement in each individual case.
Ignition interlock devices are based on a simple principle - the vehicle will not run if the driver's breath sample exceeds the blood alcohol content (BAC) limit programmed into the machine - in New Jersey, that limit is typically .05 percent BAC. The devices are designed to prevent a third party from starting the vehicle by blowing into the collection tube.
Once the vehicle is in motion, the driver must perform "rolling retests" every 15 minutes to one hour by blowing into the collection tube. If the rolling retests are not performed on time, the equipment will record a violation. The device also will record any attempts to tamper with it.
The convicted driver is required to pay any costs associated with installing, leasing and maintaining the ignition interlock device.
The law or statute that addresses interlock devices is N.J.S.A. 39:4-50, and Section 39:4-50.19.
Please call Levow DWI Law, toll free, at 877-593-1717 to discuss ignition interlock issues, or anything else related to your New Jersey DWI / DUI arrest. You may also email us at evanlevow@newjerseydwilawyer.com.