Dealing with the legal consequences of driving under the influence (DUI) is scary. The rules in New Jersey can feel like a maze, especially when an ignition interlock device is part of your case. This small breathalyzer is installed in your car to check that you are sober before the engine starts. If you miss required uses, blow a positive result, or ignore maintenance, you can face new violations and tough penalties.
When facing interlock violations, a skilled New Jersey DUI lawyer can thoroughly examine the circumstances surrounding the alleged violations, analyze the evidence presented by the prosecution, and develop a strategic defense tailored to the specific case. At The Kugel Law Firm, our experienced New Jersey DUI attorneys can challenge the accuracy of the interlock device, question the calibration of the equipment, or contest any procedural errors that may have occurred during installation or maintenance. Our team can also clarify and help manage other legal matters, such as a 39:4-50 charge or a refusal to take a breath test. Call us today at (973) 854-0098 to schedule a consultation and make progress in achieving the best possible outcome for your situation.
What is an Interlock Device?
An ignition interlock device (IID) is like a breathalyzer that hooks into your car’s ignition. Before you can start the engine, you blow into a small mouthpiece. If the reading is 0.05% BrAC or higher, the car will not start. If it’s below that level, you’re good to go.
While you’re driving, the device will ask for quick rolling retests. It’s a simple prompt, and you blow again. If alcohol is detected during a retest, your car keeps running so you can pull over safely, but the horn and lights will go off until you stop and follow the instructions. It’s there to keep you from driving after drinking and to keep others safe, too.
New Jersey Interlock Device Laws
If you are convicted of DWI, you must install an Ignition Interlock Device. This applies even on a first offense. How long you keep it depends on your BAC and the charge.
First offense:
- BAC 0.08% to under 0.10%, or a conviction for being under the influence without a BAC reading: 3 months.
- BAC 0.10% to under 0.15%: 7 to 12 months.
- BAC 0.15% or higher: during your license forfeiture period (your suspension) and another 12 to 15 months after you get your license back.
Refusing the breath test under N.J.S.A. 39:4-50.4a also triggers the device:
- It must be installed during the license forfeiture period and stay on your vehicle for 9 to 15 months after your driving privileges are restored.
Second offense or any later offense:
- You must use an interlock during the entire license forfeiture period and for an extra 2 to 4 years once your license is returned.
You install the device on the vehicle you drive most often. It can be yours, a lease, or another car that is your primary ride. While the order is in place, you cannot drive any vehicle that does not have an interlock installed.
New Jersey DUI lawyer
Rachel Kugel
The Kugel Law Firm focuses on defending good people charged with driving under the influence of alcohol or drugs throughout New Jersey. Led by attorney Rachel Kugel, the team builds proactive, science-driven strategies tailored to the facts of each stop, test, and charge so clients understand their options and what comes next.
Rachel stays current on evolving DWI defense tactics and laws. She is a member of the National College of DWI Defense and the DUI Defense Lawyers Association, and she has been invited to speak on DWI defense and the business of law by AVVO’s “Lawyernomics,” the New Jersey Bar Association, and Garden State CLE. Rachel has been named to the Super Lawyers “Rising Stars” list for three consecutive years, giving clients confidence that they’re working with a trusted, experienced advocate.
Costs and Practical Requirements for Ignition‑Interlock Devices
As part of a DUI sentence in New Jersey, you may be ordered to install an MVC-approved IID. New Jersey devices are set to 0.05% BrAC, and installation must be done at an MVC-designated service center. The device has to be serviced at intervals no longer than 67 days under state regulation (many vendors schedule about every 60 days). You’re required to install it on the vehicle you primarily operate.
Early installation can earn credit toward your suspension, but you must send proof of installation to the Motor Vehicle Commission within seven days. The interlock term usually runs alongside your suspension; for a first offense, it may last six months to a year, while second offenses run one to three years. You’ll also need to attend the Intoxicated Driver Resource Center for alcohol and highway safety education, which screens you for addiction issues and may require treatment. Service visits download data and recalibrate the device, and you can’t legally drive any other vehicle while under order. Tampering with or circumventing the interlock is its own violation and can add to your penalties.
The law makes you pay for everything related to the interlock. Vendors list separate charges for installation, monthly lease, calibration, and removal. Because only approved providers can do the work, choices are limited. A New Jersey DUI lawyer can explain your obligations, work with providers, and file the court and MVC paperwork so you remain fully compliant and get back on the road.
Purpose of Interlock Devices in DUI Cases
The primary purpose of an ignition interlock device is to prevent intoxicated individuals from operating a motor vehicle, thereby reducing the risk of further DUI incidents and improving public safety. Statistics show that IIDs are effective in reducing DUI recidivism, as they provide a constant reminder to drivers that they should not drink and drive.
Interlock devices also allow those convicted of DUI to maintain their driving privileges, albeit under strict conditions. This can be crucial for maintaining employment, attending school, and fulfilling family obligations, helping to minimize the personal and social costs associated with a DUI conviction.
Finally, the use of interlock devices in DUI cases helps spread awareness regarding the severity of drunk driving consequences. Seeing someone use an IID serves as a cautionary example, reminding others of the potential penalties that come with driving under the influence. Consequently, ignition interlock devices serve not just as a preventive measure but also as a deterrent, promoting sober driving and overall road safety.
Failure to Install an Interlock Device
One common violation is failing to install an IID when ordered to do so. This occurs when someone who has been ordered by a court or a state Department of Motor Vehicles (DMV) to install an IID does not comply with the order.
Under the reformed DWI law in New Jersey, individuals who are convicted or plead guilty to driving under the influence of alcohol must install an interlock device in their vehicle, as outlined in N.J.S.A. 39:4-50. If a person has access to multiple vehicles, the court orders installation on the car they own, lease, or principally operate most often..
To ensure compliance, the person needs to fill out a form for the court, specifying the vehicle where the device will be installed. The court will also inform the Motor Vehicle Commission about the imposed sentence, prompting the Commission to issue a new license. This updated license will have a notation indicating to law enforcement that the driver must have an interlock device in their car.
Failure to install the device and being caught driving will result in the court suspending the offender’s license for one year, in addition to any previous suspensions and penalties ordered by the judge.
Attempts to Tamper with or Bypass the Interlock Device
Under N.J.S.A. 39:4-50.19, it is a violation to tamper with, circumvent, or help someone bypass a required ignition interlock device (IID). Specific acts such as blowing into someone else’s device, tampering with the IID, or knowingly lending/renting a vehicle without an IID to a person required to use one are classified as disorderly persons offenses. A disorderly persons conviction in New Jersey carries up to six months’ jail and up to a $1,000 fine, and courts may impose probation up to five years.
According to the statute, only the driver who is required to have the device installed should provide the breath sample, and tampering with the device to avoid driving with it is strictly forbidden. Additionally, lending, leasing, or renting a vehicle to someone who is obligated to drive with an interlock device is considered a violation of the law. Therefore, individuals who aid others in evading the interlock requirement not only put their own criminal record at risk but also face legal repercussions if caught.
It is crucial to understand the legal consequences and potential penalties associated with tampering with or attempting to bypass an ignition interlock device. Complying with the law and adhering to the requirements outlined in NJSA 39:4-50.19 is essential to avoid criminal charges and ensure road safety.
Failing the Rolling Retest
Once the initial test is successfully passed, the driver will be required to undergo an interlock rolling retest at random intervals while on the road. This rolling retest follows the same procedure as the initial breathalyzer test but takes place while driving.
When the device indicates the need for a rolling retest, either through beeping or flashing on the screen, the driver must provide a breath sample. Typically, there is a time window of approximately seven minutes to complete the rolling retest, although specific requirements may vary. Failure to comply with the rolling retest will be documented as a missed test, which can lead to a temporary prohibition from operating the vehicle.
If the driver takes too long to provide the rolling retest breath sample, the device will emit various signals in accordance with state regulations. These signals may include flashing lights, honking the car horn, and activating an internal siren within the device. At this point, the driver will need to pull over and submit to a retest in order to stop the signals. Failing the retest at this stage will trigger a lockdown mode for the vehicle, preventing the driver from operating it for a predetermined period of time.
Will I Go to Jail for Failing an Interlock Test?
If you fail an ignition interlock device test in New Jersey, you might be wondering about the potential consequences, including the possibility of jail time. It’s important to understand what can happen if you violate the ignition interlock requirements.
A single failed interlock test usually leads to administrative consequences, for example, a lockout, extra service visits, or an extension of the IID term, but not jail. Jail exposure in New Jersey generally comes from separate conduct, such as tampering/circumventing the device or driving a non-equipped vehicle while under order, which can also trigger a one-year suspension. Courts or MVC can also extend IID use for repeated program violations. If you’re facing an alleged violation, speak with counsel quickly to protect your driving privileges.
Consequences and Penalties for Interlock Violations
Although IIDs have been effective in reducing repeat DUI offenses, some individuals may not comply with the stipulations of the IID program, leading to further consequences and penalties.
Penalties for Failing to Install the Ignition Interlock Device
When a New Jersey court orders the installation of an ignition interlock device as part of DUI sentencing, compliance is not optional but a legal requirement. The failure to install this device in any vehicle owned, leased, or primarily used by the offender triggers severe repercussions.
Firstly, the individual will face a one-year suspension of their driver’s license. This is in addition to any existing suspensions or penalties already imposed under the specific DUI regulations of R.S.39:4-50. It’s crucial for offenders to understand that each penalty is cumulative, meaning that the overall time without driving privileges can increase substantially.
Furthermore, this particular suspension for failing to install an interlock device is strictly enforced unless the offender can provide a court-accepted reason for their inability to comply. Reasons deemed valid are determined at the discretion of the court and are typically based on extenuating circumstances that prevent installation.
This strict approach underscores the state’s commitment to reducing drunk driving incidents by ensuring that offenders integrate corrective measures such as the ignition interlock device. The device is a critical tool in monitoring and adjusting the behavior of individuals convicted of DUI, aiming to enhance road safety.
Therefore, it is imperative for anyone subject to this mandate to take immediate action to comply with the installation order. Delaying or failing to install the ignition interlock device not only extends the period without driving privileges but also adds to the legal and financial consequences faced by the individual. Compliance is essential for regaining control and moving towards restoring one’s driving status legally.
Penalties for Attempting to Tamper or Bypassing the Ignition Interlock Device
Additionally, if an individual operates a vehicle with an interlock device installed by the court order and starts the vehicle using any method other than blowing into the device themselves, or if they drive a vehicle without such a device, their driver’s license will be suspended for one year. This penalty is in addition to any other applicable legal consequences.
Other Consequences
Moreover, certain actions will classify an individual as a disorderly persons offense, including:
- Intentionally blowing into an interlock device or starting a motor vehicle equipped with the device with the purpose of providing a functional vehicle to someone who has been ordered by the court to install the device.
- Tampering with or bypassing the operation of an interlock device.
- Knowingly renting, leasing, or lending a motor vehicle without an interlock device to someone who has been ordered by the court to install such a device in a vehicle they own, lease, or regularly operate.
However, the provisions mentioned above will not apply if a person starts a motor vehicle that is required to have an ignition interlock device for safety or mechanical repair purposes, as long as the individual subject to the court order does not operate the vehicle.
How to Avoid Interlock Device Violations
Interlock devices are essential tools designed to help keep drunk drivers off the road. They require the driver to provide a breath sample before starting the vehicle and periodically while driving to prevent others from providing the sample for them. If the breathalyzer detects alcohol in the driver’s system, the interlock device will not allow the car to start. Although these devices are beneficial for public safety, misuse or technical issues can lead to violations. Therefore, understanding and correctly using them is crucial. Here’s how to prevent interlock device violations:
Proper Installation and Maintenance of the Device
The first step to avoiding violations is to have the interlock device installed by a certified professional. This ensures a correct connection to the vehicle and reduces the chances of malfunction or false readings. Regular maintenance, including calibration and inspection, is also vital. These measures ensure the device functions as intended, minimizing the risk of false positives and related violations.
Understanding Device Operation and Guidelines
Knowledge of the interlock device’s operation and the relevant regulations is key. Users should be aware of substances like certain mouthwashes or toothpaste that contain alcohol and can lead to false positives. Familiarizing oneself with the device’s guidelines, such as the required waiting period after eating, drinking, or smoking before giving a breath sample, is also critical. This understanding helps avoid accidental violations.
Seeking Alternative Transportation if Alcohol Consumption is Planned
If a person who has an interlock device installed in their vehicle plans to consume alcohol, it is crucial to arrange alternative transportation. Options such as public transportation, taxi services, rideshare programs, or having a designated sober driver are all viable options to avoid attempting to start the vehicle while under the influence. This precaution will prevent any potential interlock device violations and keep the individual and others on the road safe.
Completing Required Interlock Device Training
In New Jersey, installers must provide training/instruction on proper IID use at installation. This program covers the device’s proper use and maintenance, legal implications of misuse, and handling potential technical issues. Completing this training equips users with the necessary knowledge to use the device correctly, thus reducing the likelihood of violations.
| Category | Details |
|---|---|
| BAC threshold for activation | About 0.05% (lower than legal limit of 0.08%); vehicle will not start if BAC exceeds this level |
| Recidivism reduction (general) | Around 67% lower re-arrest rate during IID installation |
| Recidivism reduction (New Mexico study) | First offenders had 61% lower recidivism rate while installed; 39% lower after removal |
| License suspension credit | “2-for-1” credit: every 2 days of IID use equals 1 day reduced from suspension |
| Eligibility for credit | Valid NJ license, no serious bodily injury, voluntary pre-conviction installation |
| Voluntary IID installation law | Since Feb 2024, drivers may install IID early to reduce penalties if criteria are met |
| IID requirement duration | Example: BAC 0.15% or higher requires IID for 6–12 months after license restoration |
| General IID mechanics | Requires breath test before starting; rolling retests while driving; logs all events |
How an Experienced New Jersey DUI Lawyer Can Help
Having a skilled New Jersey DUI lawyer by your side can make a significant difference when dealing with interlock violations. The legal difficulties and potential consequences of these violations require experienced legal guidance to protect your rights and achieve the most favorable possible outcome in your situation.
At The Kugel Law Firm, our knowledgeable New Jersey DUI attorneys may be able to thoroughly analyze the evidence, challenge the accuracy of the interlock device, and identify any procedural errors that could work in your favor. With our assistance, you can navigate the legal process, negotiate with prosecutors, and strive for a favorable resolution tailored to your specific case. Contact The Kugel Law Firm today at (973) 854-0098 to schedule a consultation.
