Ignition Interlock Device

If your license was suspended in Ocean County or Monmouth County due to a DUI, DWI, or refusal offense, the court may require you to install an ignition interlock device into your motor vehicle once the suspension ends. An ignition interlock device is a device that functions as a breathalyzer; however, it is connected to your vehicle’s ignition. When this device is installed in your car, you must blow a breath sample into it before being able to start your vehicle. If the device detects alcohol in your breath sample, you will be prevented from starting your vehicle. If the device does not detect alcohol in the sample, you will be able to operate your vehicle; however, you will be required to randomly retest throughout your drive. The device keeps a record of test results, dates, and times, and allows authorities to monitor your compliance.

Rules Regarding Installation of Ignition Interlock Device

There are different requirements regarding the installation of the ignition interlock device that vary depending on how many DWI offenses you have been charged with in the past and your blood alcohol content (BAC) at the time of your arrest:

  • For a 1st time DWI offense with a BAC below 0.15%, the court has discretion in requiring the installation of an ignition interlock device. The judge may order the device be installed for a period of 6 months to 1 year.
  • For a 1st DWI offense with a BAC with 0.15% or greater, one of the penalties is a mandatory installation of an ignition interlock device during the period of your license suspension and for 6 months to 1 year following restoration of your driving privileges.
  • For a 2nd DWI offense, installation of an ignition interlock device is mandatory during the period of your license suspension and for 1-3 years following restoration.
  • For a 3rd DWI offense, installation of an ignition interlock device is mandatory during the period of your license suspension and for 1-3 years following restoration.

If your sentence includes installation of an ignition interlock device, you are required to obtain the device on your own from a list of service centers approved by the New Jersey Motor Vehicle Commission. You are also required to pay for installation of the device and any additional fees that may accompany it.

If you are sentenced to install an interlock device, it is important to follow the judge’s order. Failure to install the device may result in an additional one year driving suspension. Also, having someone else blow into the device for you can result in additional penalties for you and the other person.

Carmine Villani is Your DUI Defense Lawyer

If you have been charged with a DWI or DUI you need to call an experienced New Jersey criminal defense attorney to protect your rights. Partner, Carmine R. Villani, Esq. has a wealth of experience in New Jersey criminal defense having served as municipal prosecutor and municipal public defender in numerous municipalities in Ocean County and Monmouth County throughout his 20+ year legal career. Contact the experienced NJ criminal defense attorneys of Villani & DeLuca, P.C. for a free initial consultation. Call 732-965-3350 today!

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