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 their first DWI in New Jersey and has a BAC higher than 0.15% 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 required to have the Ignition Interlock Device installed in their car from the time that the driver's license is suspended and between six months and one year after the defendant's license is reinstated. If the reading comes in at under 0.15%, the court may, at its discretion, order the installation of the device for six months to one year after restoration of driving privileges. For a second DWI or refusal conviction in New Jersey, the device will be installed while the driver's license is under suspension and for one to three years after the driving privileges are reinstated. For a third DWI or refusal, the ignition lock requirement is the same. 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.
