What is the Ignition Interlock Device in New Jersey?

In some DUI or DWI cases, courts order drivers to have Breath Alcohol Ignition Interlock Devices (BAIIDs) installed in their vehicles. BAIIDs allow ignition switches to start vehicles’ engines only when the driver’s blood alcohol content (BAC) is below the alcohol set point, which is 0.05%. The switches lock the engines if the driver’s BAC is at or above 0.005%.  

As a practical matter, a person with an ignition interlock device must blow into a breathalyzer device attached to the steering column before the vehicle starts. The driver then must periodically provide another breath sample while driving the vehicle. This helps ensure that another person does not provide the initial breath sample to get around the breathalyzer. If the driver does not provide another sample, the device will issue a warning to the driver and set off an alarm that will continue until the vehicle is turned off.  

When You Must Have an Ignition Interlock Device Installed 

A court can order you to have an ignition interlock device installed if your license was suspended for a DWI offense or for refusing to take a breathalyzer test when suspected of DWI. More specifically: 

• First DWI conviction: 

• BAC of between 0.08% and 0.10% – mandatory installation for three months 
• BAC of between 0.10% and 0.15% – mandatory installation for seven months to one year 
• BAC of 0.15% or above – mandatory installation during any period of license suspension and for nine to 15 months follow the restoration of driving privileges 

• Second DWI conviction: Mandatory installation during any period of license suspension and for two to four years following the restoration of driving privileges  

• Refusal to take a breathalyzer test: Mandatory installation for nine to 15 months for a first offense 

If you are subject to a BAIID requirement, you must have it installed in the principal vehicle that you own, lease, or principally operate. Your driving privileges will remain suspended until you have the BAIID successfully installed and operating.  

How to Have an Ignition Interlock Device Installed 

If a court orders you to have an ignition interlock device installed, you will receive a notice from the Motor Vehicle Commission with instructions about installation. You only can have a device installed by a company that has a BAIID installation license. You are responsible for paying installation and removal fees charged by the BAIID licensed installation company, as well as monthly service and monitoring fees.  

If you fail to have an ignition interlock device properly installed, the court could deny restoration of your driving privileges and have an additional one-year suspension. You also can face additional charges for attempting to tamper with the device, and anyone who attempts to blow into the device for you also can face criminal charges.  

How to Get Back Your License 

Upon pleading guilty or being found guilty of a DUI or a Refusal, you will receive paperwork from the Court that you need to provide to an improved BAIID installation company. Upon having the device installed, you must provide proof of the installation to the DMV. You cannot operate a motor vehicle until the DMV receives proof of installation and issues you a special license. If you operate a motor vehicle without this license, even with the interlock device installed, you can face severe criminal penalties 

Contact Rosenberg, Perry & Associates, LLC for Legal Advice 

We are here to represent your interests when you are facing accusations of having committed a crime. The consequences of a criminal conviction can be severe, so protecting your rights throughout your criminal case can be crucial. Call us today at (609) 216-7400 or contact us online at https://www.rosenbergperry.com/contact/ today and see how we can help.