Being arrested and charged with DWI in New Jersey is a serious traffic offense that can have a wide-range of consequences including harsh fines, the order to attend alcohol education courses, surcharges and possible jail time. The punishment of having an Ignition Interlock Device installed into your car is very possible and in some circumstances mandatory. This device is a breath analyzer installed in your car that requires the driver to blow and register a blood alcohol content (BAC) below 0.05% before the vehicle will start. Proof must be provided to the court that the device was installed before driving privileges will be reinstated. Failure to have an interlock device installed when ordered to could result in an additional one year driving privileges suspension. The Motor Vehicle Commission will explain how to obtain this device and where you can get it installed.
How Does The Ignition Interlock Device Work?
In the event of a DWI conviction in New Jersey, the municipal court judge has the right to order the installation of what is known as an Ignition Interlock Device on the person's motor vehicle. This device is a machine that is connected to the vehicle's steering column and requires that the driver blow into a breathalyzer to determine his or her blood alcohol content (BAC) before being allowed to operate the vehicle. If the blood alcohol content registers at 0.05% or higher, the vehicle will not start. The design of the device is meant to make it impossible for another person to blow into the device preventing the intended person from driving while intoxicated. This is accomplished by requiring that another breath sample be given periodically while the vehicle is being driven. If another breath sample is not given, the vehicle makes a record of the incident, issues a warning to the driver, and subsequently sets off an alarm by either honking the horn or flashing the lights repeatedly until the vehicle has been turned off. The vehicle doesn't automatically turn itself off as this is considered dangerous for the driver and other cars on the road.
When Will The Interlock Device Be Installed?
A person convicted with a DWI in New Jersey, regardless of their number of offenses BAC, will be required to have an Ignition Interlock Device installed in their car. Those convicted of refusing to take a Breathalyzer test will also be required to have the device installed in their car. Once convicted for either a DWI or Refusal, the person will be subject to a certain time range of Interlock Device usage. For first offenses, the time frame depends on the defendants BAC. For those at or above 0.08% and less than 0.10%, the device will be required for 3 months, and the defendants license will be suspended until they have installed one. For BACs at or above 0.10% and and less than 0.15%, the time frame is 7 to 12 months, again with the license suspension until installment. People with a BAC at or above 0.15% will be subject to 4 to 6 months of license suspension in addition to 9 to 15 months of Ignition Interlock Device usage upon license reinstatement. For a second DWI defense, the device must be used for 2 to 4 years following a maximum 2 year license suspension. Those facing a third or subsequent offense will also face 2 to 4 years of usage after 8 years of license suspension. For a refusal conviction, the driver faces 9 to 15 months of required usage for their first offense, and 2 to 4 years for their second, third and subsequent offenses. License suspension penalties are until installation of the device, 1 to 2 years, and 8 years for first, second and third offenses, respectively. Failure to have an interlock device installed when ordered by a judge could result in an additional one year of driving privileges suspension. There are installation and monthly fees involved with the interlock device that you will also be required to pay. For more information please visit the State Of New Jersey Motor Vehicle Commission website.
Speak To An Experienced Ocean County DWI Lawyer
If you or a loved one have been charged with DWI in Ocean County or Monmouth County, New Jersey and are facing the prospect of having an Ignition Interlock Device installed on your vehicle, contact the experienced attorneys at Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey for legal assistance.
