NJ DUI Ignition Interlock Devices: What You Need to Know
Learn about the legal consequences, costs, and benefits of installing an ignition interlock device after a DUI conviction in New Jersey.
FAQs
Table of Contents
What is an Ignition Interlock Device?
An ignition interlock device (IID) is a breathalyzer that is connected to your vehicle’s ignition system. It prevents you from starting your car unless you provide a breath sample that is below a preset alcohol limit. If you fail the test, the device will record the result and lock the ignition for a period of time. You may also have to take random retests while driving to ensure that you are sober.
When Do You Need an IID in New Jersey?
An IID is designed to reduce the risk of drunk driving and repeat DUI offenses. It also allows you to maintain your driving privileges while serving your DUI sentence. However, installing and using an IID comes with certain costs and responsibilities that you should be aware of.
New Jersey has one of the strictest DUI laws in the country. As of December 2019, anyone who is convicted of a DUI offense in New Jersey must install an IID in their vehicle for a certain period of time. The duration of the IID requirement depends on the severity of your offense and your prior DUI history.
- If this is your first DUI offense and your blood alcohol concentration (BAC) was between 0.08% and 0.10%, you must install an IID for three months after your license suspension ends.
- If this is your first DUI offense and your BAC was 0.15% or higher, or you refused to take a breath test, you must install an IID for nine to 15 months after your license suspension ends.
- If this is your second DUI offense, you must install an IID for one to three years after your license suspension ends.
In addition, if you are granted a restricted or conditional license during your suspension period, you must install an IID in your vehicle for the entire duration of the restriction. This means that you can only drive to and from certain places, such as work, school, or treatment, and only with an IID installed.
How Much Does an IID Cost in New Jersey?
As a DUI offender, you are responsible for paying all the costs associated with installing and maintaining an IID in your vehicle. These costs may vary depending on the provider, the type of device, and the length of your requirement. However, you can expect to pay the following fees:
- An installation fee
- A monthly rental fee
- A calibration and maintenance fee
- A removal fee
These fees do not include the fines, surcharges, and other expenses that you may have to pay as part of your DUI sentence. In total, you may end up spending thousands of dollars on an IID over the course of your requirement.
If you cannot afford to pay for an IID, you may be eligible for a financial hardship waiver from the court. This may reduce or eliminate some of the fees associated with the device. However, you will still have to install and use an IID as ordered by the court.
What Are the Benefits of an IID in New Jersey?
Despite the costs and inconveniences of having an IID in your vehicle, there are some benefits that you can enjoy as well. These include:
- Reducing your license suspension period. If you agree to install an IID in your vehicle, you may be able to shorten the length of your license suspension. For example, if you are facing a six-month suspension for your first DUI offense, you may be able to reduce it if you install an IID.
- Keeping your driving privileges. If you install an IID in your vehicle, you may be able to drive legally during your suspension period with a restricted or conditional license. This can help you maintain your employment, education, and family obligations without relying on public transportation or other drivers.
- Preventing further DUI offenses. If you install an IID in your vehicle, you will be less likely to drink and drive again, as the device will prevent you from starting your car if you are impaired. This can help you avoid the legal, financial, and personal consequences of another DUI conviction.
How to Choose an IID Provider in New Jersey?
- Improving your safety and health. If you install an IID in your vehicle, you will be more aware of your alcohol consumption and its effects on your driving ability. This can help you reduce your alcohol intake, improve your health, and prevent accidents and injuries.
If you are required to install an IID in your vehicle, you must choose a state-approved provider that meets the standards and specifications of the New Jersey Motor Vehicle Commission (MVC). You can find a list of approved providers on the MVC website.
When choosing an IID provider, you should consider the following factors:
- The location and availability of the provider. You should choose a provider that is convenient and accessible for you, as you will have to visit them regularly for installation, calibration, and maintenance of the device.
- The quality and reliability of the device. You should choose a device that is accurate, easy to use, and tamper-proof. You should also check the warranty and customer service of the provider in case you encounter any problems with the device.
- The cost and payment options of the device. You should compare the fees and charges of different providers and choose the one that fits your budget. You should also ask about any discounts, incentives, or payment plans that the provider may offer.
Once you choose an IID provider, you must schedule an appointment for installation as soon as possible. You must bring your court order, your driver’s license, your vehicle registration, and proof of insurance to the appointment. You must also sign a lease agreement and pay the installation fee.
How to Use an IID in New Jersey?
After installing an IID in your vehicle, you must use it every time you drive. You must follow these steps:
- While driving, you must take random retests at intervals determined by the device. The device will alert you when you need to take a retest by beeping or flashing. You must provide a breath sample within a few minutes of the alert. If you fail or miss a retest, the device will record the result and trigger an alarm, such as honking or flashing lights, until you stop the car and turn off the ignition.
- Before starting your car, you must provide a breath sample by blowing into the mouthpiece of the device. The device will analyze your breath and display the result. If your BAC is below the preset limit, usually 0.05%, the device will allow you to start your car. If your BAC is above the limit, the device will prevent you from starting your car and record the result.
- You must visit your IID provider for calibration and maintenance of the device regularly. The provider will download the data from the device and check its functionality. You must pay the calibration and maintenance fee and sign a receipt.
How to Remove an IID in New Jersey?
You must use the IID as instructed and avoid any violations, such as failing or missing a test, tampering with or removing the device, or driving a vehicle without an IID. If you commit any violations, you may face additional penalties, such as extending your IID requirement, suspending your license, or revoking your probation.
When you complete your IID requirement, you must visit your IID provider for removal of the device. You must bring your court order, your driver’s license, and proof of payment of all the fees. The provider will uninstall the device and issue you a certificate of completion.
You must then visit the MVC to restore your regular license. You must bring your certificate of completion, your driver’s license, your vehicle registration, proof of insurance, and a restoration fee. The MVC will issue you a new license without the IID restriction.
Why You Need Our Law Firm
A DUI conviction can have a lasting impact on your life, affecting your reputation, employment, education, insurance, and driving privileges. You need a strong and reliable legal defense to challenge the evidence against you, negotiate with the prosecution, and advocate for your rights in court. Our law firm has the experience and expertise to handle all aspects of your DUI case, from the initial arrest to the final resolution. We will review your case thoroughly, explore all possible defenses, and fight for the best possible outcome. Whether you are facing a first-time or a repeat offense, a simple or a complex case, or a misdemeanor or a felony charge, we will stand by your side and guide you through the legal process. Contact us today for a free consultation and let us help you get your life back on track.
The Face of Justice
Daniel S. Kratka
Founder
Daniel S. Kratka
Founder
Daniel S. Kratka began his legal career as a criminal prosecutor, honing his skills as a formidable trial attorney. He handled hundreds of DUI cases. He used the skills he developed from trying dui cases as a prosecutor to defend clients in DUI cases throughout the State of New Jersey.
As his google reviews attest, he is a master criminal defense attorney, who assesses each case and client goals to formulate the best legal defense. He has established an impressive winning track rack record. Mr. Kratka is a member of the National Association of Criminal Defense Lawyers and has been the attorney of record in many published legal decisions over the years. Mr. Kratka ‘s excellence was recently recognized when he was selected as a 2023 recipient of the Lawyers of Distinction Award.
Mr. Kratka practices throughout the state courts of New York and New Jersey and represents clients in federal courts throughout the country. He lectures on a variety of legal topics, is the president of his synagogue and is involved in many charitable organizations.
Mr. Kratka is a former All-City Basketball player, who still loves to play and coach.