New Jersey drivers convicted of driving under the influence now face mandatory ignition interlock device (IID) installation in nearly all cases, including first offenses. Rachel Kugel, a DUI attorney at The Kugel Law Firm, provides insights on when IID installation is required, its duration, and how drivers can lessen its impact on their daily lives.
As of December 2019, New Jersey law mandates ignition interlock devices for all DWI convictions and for those who refuse breath tests, as specified under N.J.S.A. 39:4-50.17. Notably, this shift means that first-time offenders are also subject to such installation, a requirement that did not always exist under prior legislation. The duration of the IID requirement is contingent upon the driver’s blood alcohol concentration (BAC) levels and their offense history.
An ignition interlock device is a breath-testing unit connected to a vehicle’s ignition system. Before starting their vehicles, drivers must blow into the device, which will only permit the car to start if their BAC registers below 0.05%. Additionally, the devices necessitate “rolling retests” during driving, ensuring that drivers remain sober throughout their journey.
For first DWI offenses, the IID installation periods vary depending on the BAC at the time of arrest. If a driver has a BAC between 0.08% and 0.10%, they must have the device for three months; for BAC levels between 0.10% and 0.15%, the requirement extends to nine to fifteen months. In cases where the BAC is 0.15% or higher, the IID must be installed during the suspension period and for an additional twelve to fifteen months after the driving privileges are reinstated.
For repeat offenders, the penalties escalate significantly. A second DWI conviction mandates IID installation for two to four years after the restoration of a driver’s license. Repeat offenders also face a mandatory 180-day jail sentence and an eight-year license suspension. Refusal to submit to breath tests incurs separate IID requirements; the first refusal results in a six to twelve-month installation period, which is notably longer than the three-month requirement for a first DWI with a low BAC.
Furthermore, a law slated to take effect in 2025 allows drivers arrested for DWI to voluntarily install IIDs prior to resolution of their cases. First-time offenders who opt for this can earn “2-for-1” credit— for every two days with a compliant device installed before conviction, one day is credited toward the required IID period.
It is crucial to note that drivers are responsible for all costs associated with IIDs, including installation, monthly fees, calibration, and removal, with installation generally costing between $70 and $150 and monthly fees ranging from $50 to $100. New Jersey does provide financial assistance for low-income drivers.
Drivers must ensure that they comply with all IID regulations, as violations can lead to serious legal repercussions, including prosecution for allowing another individual to provide breath samples for the device, which is against the law.
As the understanding of IID obligations is critical for those facing DWI charges in Jersey City and surrounding areas, early awareness can help mitigate disruptions. Cases are typically addressed at the Jersey City Municipal Court at the Lewis S. McRae Justice Complex.
The Kugel Law Firm remains dedicated to advocating for individuals facing drunk or impaired driving charges, with attorney Rachel Kugel leading the firm, which has successfully managed numerous DWI/DUI cases across New Jersey and New York. For consultations, interested parties can reach out via phone.