Are Ignition Interlock Devices Mandatory in NJ After a DUI?

After someone is convicted of a DUI or DWI in New Jersey, they may have to install an ignition interlock device in their vehicle. A driver must blow into the device and, if alcohol is detected on their breath, the device prevents the car from starting.

While ignition interlocks are not always required for certain first-time offenders, they may be for those with high blood alcohol concentrations or repeat offenders. You must install the device in your vehicle or a vehicle that you lease or principally drive. If you do not own a vehicle, you might not have to install an ignition interlock, but you may have to forfeit your license for the duration that you would have had to install the device. How long you have to keep the device in your car depends on your case.

Call our Atlantic City, NJ DUI defense attorneys for a free case review at the Lombardo Law Group at (856) 281-9600.

Are Drivers Convicted of DUIs Required to Install Ignition Interlock Devices?

An ignition interlock device may prevent a vehicle from starting if it detects alcohol on a driver’s breath. Whether this device is required to be installed depends on the nature of your DUI or DWI conviction.

Generally, an ignition interlock is required after a DUI conviction, but there may be some wiggle room for first-time offenders. In such a case, the judge may have some discretion to waive the requirement for an ignition interlock device if the defendant’s blood alcohol concentration (BAC) was relatively low.

The ignition interlock device becomes totally mandatory if the defendant’s BAC is higher or if they are convicted of a second or subsequent violation. If you do not install the device, you might face other penalties, and you might not be eligible to have your suspended license reinstated.

Typically, the device must be installed on a vehicle that you own or one that you use regularly.

Ignition Interlock Device Requirements for Drivers Who Do Not Own Vehicles

When a convicted driver is required to install an ignition interlock device in their vehicle, they must abide by several very strict laws and rules. Violating these rules might mean you have to wait even longer to get your normal driving privileges restored.

First, you must install the device in a car you own, lease, or use regularly. You do not necessarily have to own a vehicle to be bound by this rule. If you normally use a parent’s or spouse’s car to get around, that car must be equipped with an ignition interlock device.

If you do not have a car and normally do not have access to one, our NJ DUI and DWI defense lawyers may need to prove this to the judge in court. While you might not have to install the device, your license may be forfeited for the duration that you would have had to install an interlock ignition device.

How Long You Have to Keep an Ignition Interlock Device in Your Car in New Jersey

How long you have to keep an ignition interlock in your vehicle depends on your charges. If you are unsure, talk to your lawyer for help.

Depending on their BAC, first-time DUI offenders may face shorter interlock ignition requirements. Under N.J.S.A. § 39:4-50.17(a), a first offender with a BAC of at least .08% but less than .10% must install an ignition interlock device for 3 months.

If their BAC was at least .10% but less than 15%, the device must be installed for at least 7 months and up to 1 year. If the defendant’s BAC was .15% or higher, they must install the device for the duration of their license suspension and then for at least 12 months but not more than 15 months after.

For those convicted of a second or subsequent DUI or DWI, the ignition interlock device must be installed for the duration of the license suspension period. In addition, the device must remain installed for at least 2 years after the suspension period but no longer than 4 years.

Can I Drive Someone Else’s Vehicle if I Have an Ignition Interlock Device?

When you are required to install an ignition interlock device in your vehicle, you are prohibited from driving any other vehicle.

The law requires that a convicted defendant drive only the vehicle in which the ignition interlock device is installed. You may not drive any other vehicle, even if your vehicle is inoperable and you need to drive somewhere important, like work or school.

You must provide the court with information about the vehicle in which the ignition interlock device will be installed. If you are pulled over driving any other vehicle, you might be in trouble.

If you lie in court that you do not own a car and cannot install an ignition interlock device, you may be charged with perjury.

How Much Does an Ignition Interlock Device Cost in New Jersey?

Unfortunately, these devices you are ordered to install in your car do not come cheap. You must pay a monthly leasing fee in addition to installation fees and removal fees. However, the law may allow those with lower incomes to pay a reduced fee.

If your family’s income does not exceed 100% of the federal poverty level, you only have to pay 50% of the normal monthly leasing fee.

If your family’s income does not exceed 149% of the federal poverty level, you have to pay 75% of the normal monthly leasing fee.

Typically, drivers must also pay an installation fee when the device is first placed in their vehicle. However, if you qualify for a reduced monthly leasing fee, you may not have to pay the installation fee or a removal fee.